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HomeMy WebLinkAboutCOM 0669.003 2010-2012 Law Offices of Yeh & Moore THOMAS L. H. YEH A Limited Liability Law Company tly@!lava.net 85 W.Lanikaula Street Hilo,Hawaii 96720-4199 MICHAEL W. MOORE Telephone(808)961-0055 FAX(808)969-1531 mmoore @lava.net June 14, 2012 Chairman Hoffman and Members of the Planning Committee Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 �= Re: Proposed Amendments to Ordinance No. 99-116; TMK Nos. (3) 2-2-044:31, 32, 35 and 37 N N e_ Dear Chairman Hoffman — -= and Members of the Planning Committee: This letter supplements information relating to Bill No. 229, based on questions which were asked of us during the initial Planning committee of May 1, 2012, and information which was presented by Russell Doi and Stephanie Salazar during your May 16, 2012 meeting. We trust that this information will assist in your review of Graphic Images' time extension request. For your information, Graphic Images bought the properties in 2001, and has continued to pay real property taxes on the property based on its neighborhood commercial zoning totaling $193,750 since 2003 (per available published Hawaii County real property tax information), and has made good faith efforts to work with agencies and with its neighbors to develop the property as is consistent with current development standards. It has spent substantial additional funds to prepare a TIAR and to work with the agencies in preparing a development plan consistent with agency standards. Granting the time extension and allowing the proposed development to occur will maintain the real property tax base and will result in additions to the County's employment and economic base. The subject property has economic value which should be utilized. The Applicant seeks a five year time extension (under proposed Condition U, any further time extension requests must be approved by the Council). As a preliminary matter, we wish to make clear that after consideration of the matter, Graphic Images is no longer proposing any revision to the Planning Department's and Planning Commission's recommended conditions to the time extension request, and will do what is necessary to comply with the recommended conditions, which include conditions carried over from Ordinance No. 99-116, and adds additional conditions to assure that drainage concerns are appropriately addressed. Comm. No. GC0 4.3 Ref. To: p�PC, - Ref. Date J, N �, 8 2012 Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Chairman Hoffman and Members of the Planning Committee June 14, 2012 Page 2 (Parcel 3-Road Parcel) As for TMK No. (3) 2-2-044:003 (Parcel 3), which is a road parcel owned by the Margaret Hirose Trust, we have enclosed a tax map which depicts Parcel 3 and which is lightly shaded for your identification(Attachment"A"). Parcel 3 is a lot consisting of 4,987 square feet, and is also considered by the Real Property Tax Division as a road lot for tax purposes. It is non-conforming, and due to its size and shape, is not capable of development, due to setback and related considerations. As discussed at the last meeting, First Hawaiian Bank, which was named as the Successor Trustee for the Trust, declined to accept this position (copy of February 12, 2012 letter from First Hawaiian Bank, Attachment "B"). When the last time extension was sought, the then Trustee, Helen Doi, did indicate support for the time extension request (Attachment"C"). Graphic Images provided notice to the known beneficiaries of the Trust when it sought the current time extension request. However, no one has requested or been appointed to take the Successor Trustee position. The Corporation Counsel, Planning Department and Windward Planning Commission have correctly concluded since there as been no request by the owner of Parcel 3 to include that parcel as part of the current time extension request, that the proposed form of the Bill need not include Parcel 3. Road Improvements Condition J addresses the requirement that accesses to the property meet with the requirements and approval of the Planning Director, in consultation with the Department of Public Works ("DPW") and DOT. Graphic Images is committed to working with those agencies on providing safe access. The Department of Public Works did not comment on this time extension request. However, we note that Condition I, which was based upon prior input from DPW, requires that the south side of Kahaopea Street shall be improved and widened with the construction of curb, gutter and sidewalk improvements, with pavement widening and transitions. Graphic Images has no issues with this condition. Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Chairman Hoffman and Members of the Planning Committee June 14, 2012 Page 3 Drainage As the Bill addresses, Condition G provides that if a Letter of Map Revision("LOMR") is required, the Applicant will obtain a LOMR prior to final subdivision approval. However, the Applicant is not proposing to place improvements in the AE or similar zone. Even if it did propose such improvements, the Applicant would be required to comply with Condition G. Condition H requires that drainage improvements shall be constructed in a manner meeting with the approval of DPW. Condition L requires that all development generated runoff is to be disposed of on-site and shall not be directed toward any adjacent properties. Conditions M and N add similar requirements regarding compliance with NPDES and the County's sedimentation control standards. There are more than ample conditions which will assure that drainage issues will not be generated by the proposed development. The Applicant will comply with these conditions. Response to Other Issues Raised by R. Doi and S. Salazar It has been asserted that the Applicant has not obtained proper grading or grubbing permits from the County. We enclose a copy of the grading permit for the work performed on the subject property, together with a copy of the Department of Health clearance letter which determined that Graphic Images is in compliance with solid waste standards (Attachments "D" and "E", respectively). As for the assertion that the proposed ordinance will close off the easement of record, this is also not what the proposed ordinance does, nor did any of the prior ordinances contain language to this effect. The location of that easement cannot be changed absent Land Court approval. Since acquiring the property, Graphic Images has allowed Mr. Doi and Ms. Salazar to use an existing driveway that is located away from the easement of record, in an effort to accommodate them as neighbors. The easement which the Trust has rights over is currently located adjacent to Kanoelehua Highway, and is overgrown with numerous large trees which would need to be removed to be accessible. See photos attached as Attachment"F". Another problem with this easement location is that its entrance on Kahaopea Street is too close to the intersection with Kanoelehua to be a safe driveway entrance. Graphic Images has not prevented Mr. Doi and Ms. Salazar from using the current driveway location. Law Offices of Yeh & Moore ATTORNEYS AT LAW A Limited Liability Law Company Chairman Hoffman and Members of the Planning Committee June 14, 2012 Page 4 At this time, Graphic Images is simply seeking a time extension, and will comply with applicable drainage and road improvement standards, as required by the numerous conditions of the proposed ordinance. We request your favorable consideration of the time extension request. Thank you for the opportunity to provide the foregoing information. Should there be any questions, please let us know. Very truly yours, LAW OFFICE OF YEH & MOORE By THOMAS L.H. YEH Encls. cc: Graphic Images, Inc. TLHY\db H e a A �A �i p 'a ;; ."��: 9. a ; ; -. �Rfta='SxE? S4C _#: 9t�a:''' s'',n. c Ow y. No. eta a ��'ee e�I��� 0�e�_3 4�'= qtr$ �s�ad: ���rx�.lexanr."ee G� u�d.ti=R, .°:,.t„ x<�zm a ' � By: r.ACr gpi.s is3z -- ob,nn _3 I� " £*'r.;o• S","-CC: 5urvev D pf _ - •r- k a A C rn I. 0 0 ill I Y a b 3 a 0 3 Le• re b _ .X PLAT 4a Pca> !. s> PLa,r a7 .I h LO J *..._- I i K A H A O P E A IIZ, STi@EET , 1 ,' \� +^ �ti °L4.,;.,,Om .. •.. W 'SdO N't°� ..6.,:...,.. `I4-^ A III Kt+ tl: 2 '\\ &3 0 °k ° 4.1 di :rix..„*„.1.a. - - ,, e b �.',eti' e y I° ,pEiJa.°, +a * w AoJn {9 'A jf �o� .z _ ;'4.. a i it ,a `� . ew8a, ° ,ogi". N1mo r• ,.Y' «. 411 ;. ;...5% 3 0 °n ;� ,I �o--''...7' Quo �~6.r.i.. :�: ,r t O f O ED.o` .x'..1' �'; r r M Ems' .f= " `40 e° j0*,:' °F.,"---- a 0 Y i d,p.o�� O,o,,,.a. `'Q '- Esc C 1 ° e $ i ,� ., R e .2 0 .., u O°I Ok i 01 ; ift First Hawaiian Bank Jen-L W. Lyman Vice President Wealth Management Group Personal Trust Division February 15, 2012 Thomas L.H. Yeh, Esq. Law Offices of Yeh & Moore 85 W. Lanikaula Street, Hilo, HI 96720-4199 Re: Margaret Tomi Hirose Trust Dear Mr. Yeh: We are in receipt of your letter dated February 7, 2012. It is our understanding that the only known asset of the Margaret Tomi Hirose Trust is a remnant stretch of roadway located in Waiakea Homestead (TMK (3) 2-2-044:003). Upon our review of the trust and its only known asset, First Hawaiian Bank respectfully declines the appointment to serve as successor trustee of the Margaret Tomi Hirosi Trust. We understand that the Planning Director recently included the Hirosi Trust parcel as part of an application for an amendment to the rezoning ordinance for Neighborhood Commercial _ ("CN") filed by neighboring landowners Graphic Images Hawaii, Inc. At this time, because First Hawaiian Bank has declined to serve as successor trustee for the Margaret Tomi Hirosi Trust, there is no known person or corporate entity available to consent to the inclusion of the parcel for rezoning consideration. To expedite the extension of the CN zoning, the Hirosi Trust parcel should not be included for consideration until a successor trustee is identified to opine on the matter. If you have any further questions, please don't hesitate to contact me. Sincerely, JEN-L W. LYMAN Vice President Telephone: (808) 525-6382 Toll Free No.: 1-888-287-0398 Fax: (808) 525-7115 E-mail: jlyman @thb.com m �.� __m...- — n ti _ 5 , EB 11 2012 ATTACHMENT "B" First Hawaiian Bank• P.O. Box 3708 • Honolulu • Hawaii• 96811-3 OC-N�1T1 PHONE: (808) 525-6382 • FAX: (808) 525-7115 • Email:jlyman @fhb.com . FINANCE HOLDINGS, LTD. 1164 Bishop Street,Suite 1100 Honolulu,HI 96813* ** ••Telephone(808)548-3347 Fax(808)548-3330 December 14, 1998 ,C, Ms. Virginia Goldstein Planning Dirctor County of Hawaii 25 Aupuni Street - C. Hilo, HI 96770 Re: County of Hawaii Ordinance 96-159 Affecting TMK's: 2-2-44: 03, 31, 32, 35, 37 Dear Ms. Goldstein: This letter serves as documentation consenting to the proposed amendment of the referenced ordinance by Finance Holdings, Ltd.. Very truly yours, ILe-e-vcieyA.44/co ,oaLt: Helen Doi Trustee of Margaret Hirose Trust Owner of TMK 2-2-44:03 011697 ATTACHMENT "C" CUS TOM County of Hawaii COPV, DEPARTMENT OF PUBLIC WORKS- ENGINEERING DIVISION - 14-7 g74 GRADING PERMIT NO. 0 5684 Fee: $ 71.10 r Check Only-payable to: UNTF County Director of Finance Owner: Graphic Images Hawaii Address: 500 Kalanianaole Ave. Phone: 935-7393 Hilo, HI. 96720 Roland Cell 345-0908 Civil Eng. / Surveyor: Engineering Partners, Address: 455-B E. Lani kaul a St. Phone: 933-7900 License No.: 9361-C Inc. Hilo, Hi. 96720 Contractor: To be determined Address: Phone: License No.: 2, g � Location: Hilo Tax Map Key: (3) 2-2-044:035, 037 Cut(CY): , -H Parcel Area (acre): 5.24 Area to be Graded (acre): 4.20 Disposal Site: N/A Start Date: Completion Date: Fill (CY): -26-546-2 2-3, (minimum 2 working days after issuance date) Borrow Site: N/A Remarks: No change in original scope of work. This permit replaces previous permits issued #00535 #005508 & #005619-Expired 2/1/2010. 933-7653 (Hawaii Island) 40 Pookela Street, Hilo, HI 96720 1. STATE DLNR- HISTORIC PRESERVATION DIVISION Approved: Received By: Date: See attached previous apial d/5/13/200 2. PLANNING DEPARTMENT Approved: Received By: Date: See attached previous ap P ial d/12/16/08 3. DEPARTMENT OF PUBLIC WORKS Approved for Permit Issuance: Received By: t- . t, Date: S Date: Z i<--1 \l.c q-ht vk ,� 2 (_ t I hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. Owner: � �"�-�� � w�--�`'" • Date: Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by: ATTACHMENT "D" Date: (DPW inspector/engineer) County of Hawaii is an Equal Opportunity Provider and Employer County of Hawaii DEPARTMENT OF PUBLIC WORKS 3RADING PERMIT NO. '- 0550 f d c�c_t�-.--- Fee: $ 71 Recat 9(c, Dwner: GRAPT4TC IMAGES N4WAII Address: 500 Kalanianaole Ave #1 Phone:935-7393 Roland Higlarhi THi)o, HZ 96720 Civil Eng. /Surveyor: Engineering Partners, InMdress: 455-B E. Lanikaula St Phone:933-7900 Hi 1 rt NT %770 License No.: 9361-C Contractor: Address: Phone: License No.: Location: Tax Map Key: (3) 2-2-044:35,37 Cut(CY):12,227 Area Graded (acre): 4.2 Disposal Site: N/A Start Date: \k`\sso 7 Completion Date: - <<,t.f0 08 Fill (CY): 25,052 (minimum 2 working days after issuance date) Borrow Site: Remarks: ALL SCOPE OF WORK� } )REMAINS TFIE SAME. J `( t N.o, 00 45 5 S 6808) C92.- 8005 (ocw.u) CpoS)V-15-58 35 �ivfauJl Phone: 327-3601 Fax:-32-7-3693— 1. ® STATE DLNR -HISTORIC PRESERVATION DIVISION Approved: Received By: Date: (See Attached) Date:_ St�lvg 2. El PLANNING DEPARTMENT Approved: Y rz"; //Received rn Date: �°//CX Date: 3. El DEPARTMENT OF PUBLIC WORKS Approved for Permit Issuance: Received B �� Z-tA ° Date: 1 ` �� �y v Date: \� t c. _ I hereby certify that all work as requested above will conform to Chapter 10 of the Hawaii County Code. ' -'` � � "€y`VtPI / Owner: Date: />O` s1/4 7 to Return to the Department of PraIrc Wor4csrEn.giaeering_.Diyjjon, upotLcQu o f$vork. Inspector: (:TA Rr.'"Y Certification _ r°iZ d Accepted by: D a te` : OZ/;17 DPW ins bettor/engineer} _. County of Hawaii is an Equal Opportunity Provider and Employer County of Hawaii ,yrF , DEPARTMENT OF PUBLIC WORKS GRUBBING PERMIT NO. 06525' IA.-totC Fir:.- Fee: $ 10.JO 0, d14fE Owner: Roland Higashi Address: 500 Kalanianaole Ave. Phone: 935-7393 Hilo, Hawaii 96770 Civil Eng./Surveyor: Yen Wen Fang, P.E. Address: P.O. Box 4159 Phone: 933-7900 . Hilo, Hawaii 96720 License No.: 9361-C Contractor: Address: Phone: License No.: Waiakea Homesteads, S. Hilo Location: Tax Map Key: (3) 2-2-44:035 Parcel Area (acres): 4.24 Area Grubbed (acres): 4.24 Estimated Starting Date: .-4' -kz.4 Estimated Completion Date: 4/22/05 (minimum 2 working days after issuance date) Remarks: Re: D.P.W. Letter, dated April 23, 2004, regarding grubbing violation Phone: 327-3690 Fax: 327-3693 1. ® STATE DLNR- HISTORIC PRESERVATION DIVISION Approved: Received By: Date: See Attached Date: Listed on the Hawaii or National Register of Historic Places ❑Yes ❑ No 2. El PLANNING DEPARTMENT Apr d: ) Received By: Date: Date: // `/ 3. CO DEPARTMENT OF PUBLIC WORKS Approved for Permit Issuance: ssuance: Received By: f"by1 .tpte: 5 ti 01 o () i t,' ' "``- Date: S\ ".i\04- SV8`oes. �M4l) t■4ilw�Z"k Fivcsta� God°\ T�a.i, I hereby certify that all work as requested above will conform to CIFpterlp of the Hawaii County Code. Owner: -7.. i`" _ _.._- r., D s:A L Imo. 7 2O Date: -57;10, Return to the Department of Public Works, Engineering Division, upon completion of work. Certification dam' ' Accepted by: ��2/`- Date: (DPW inspecto /engineer) grubbing.wpd(4/03) CHAPTER � � i t� o.N, JAN 2 2 2009 1► ;.rsa �i� Il LINDA LINGLF t ,� GOVERHOR OF HAWAII CHIYDME L. ,M.D. gL _ DIRECTOR OF HEALTH 44i OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH ENVIRONMENTAL MANAGEMENT DIVISION °°DE DSH "k"° EMDISHWB SOLID AND HAZARDOUS WASTE BRANCH 919 ALA MOANA BLVD.,8212 HONOLULU,HAWAII 96810 January 20, 2009 S0127NS Mr. Roland Higashi, President Graphic Images Hawaii, Inc. 500 Kalanianaole Avenue Hilo, Hawaii 96720 Dear Mr. Higashi: SUBJECT: Final Compliance Status for Solid Waste Complaint 05-123 Address: 78 East Kahaopea Street, Hilo, Hawaii TMK: 2-2-44:035 The Hawaii Department of Health (DOH), Solid Waste Section (SWS) conducted a follow-up inspection of the subject property on July 10, 2008. During the inspection, information was gathered in accordance with Hawaii Revised Statutes•(HRS), Chapter 342H-6, Inspection of Premises. A copy of the inspection report is enclosed with this letter for your records. No potential solid waste violations were noted during the inspection and all corrective action measures were completed to satisfy compliance requirements for the above solid waste complaint number. Based on this inspection and the information you submitted, no further action is necessary in response to the subject complaint at the site. You should note, however, that if new information is received indicating the presence or the importation of solid waste to the site, additional investigative and cleanup actions might be required. The SWS received the original complaint on August 22, 2005, alleging that concrete from the renovation of the Hilo Hospital was being disposed of at the site. Our previous investigations confirmed the allegation and you have worked to process the concrete to meet the definition of inert fill under HRS 342H-1. The waste at the site that did not meet the inert fill definition was taken to a metal recycler in Hilo, as evidenced by your contractor's work proposal that you provided to us on March 19, 2008. Any omissions will not be construed as a determination of your compliance with any other applicable laws. Also, any omission to cite violations is not intended to nor will be binding upon the DOH. ATTACHMENT "E" Mr. Roland Higashi January 20, 2009 Page 2 Should you have any questions regarding this letter, please call Ms. Nicole Samaniego of our Solid Waste Section at (808) 586-4226. Sincerely, STEVEN Y...5 NG, P. - Solid and Hazardous Waste--' Enclosure: Inspection Report •If 'Yt+ ( U(3 4 1,1.' •r ' . a• �ls: .i;'. ;t 1,.i,-.4 • —741 7 ' i f , 1 I ' s . +II `M 1 . . . Or Y i qq 1 • t r ,>u•.. . n . d�1ia �.� 4a,f J�i�ltt r r 7r I' ( T y I 1I 1 i I . ,t yy },erl �; / fr.l . ti. ff 1t0:,1',/,41 1 + �.'qJ. ■ N h,j.,• i, • I. • y Al • A I ryyy ATTACHMENT "F"