20/4721 RECEIVED VIA WALK IN NOVEMBER 2, 2020 COUNTY OF MAUI DEPARTMENT OF THE CORPORATION COUNSEL 205 DEPT. OF PLANNING MOANA M. LUTEY 6385 Corporation Counsel THOMAS W. KOLBE 7679 KRISTIN T ARNSTROM 9934 Deputies Corporation Counsel County of Maui 200 South High Street Wailuku, Maui, Hawaii 96793 Telephone No.: (808) 270-7741 Facsimile No.: (808) 270-7152 E-mail: [email protected] Attorneys for Appellee COUNTY OF MAUl DIRECTOR OF PLANNING BEFORE THE BOARD OF VARIANCES AND APPEALS COUNTY OF MAUl STATE OF HAWAII In the Matter of the Appeal, DOCKET NO.: BVAA 2020-0007 of COUNTY OF MAUl, DIRECTOR OF PLANNING'S WITNESS AND EXHIBIT PAIA BAY PROPERTIES, LLC UST; EXHIBITS "A"- "D"; Attention: Michael Baskin CERTIFICATE OF SERVICE P.O. Box 7901000, Haiku, Hawaii Tax Map Key: (2) 2-6-002:010 Appeal of Department of Planning letter dated April 17, 2020 denying a parking reduction request for property located in Paia, Maui, Hawaii COUNTY OF MAUl , DIRECTOR OF PLANNING'S WITNESS AND EXHIBIT LIST Appellee County ofMaui, Director ofPlanning (hereinafter "County"), by and through their attorneys, Moana M. Lutey, Corporation Counsel, Thomas Kolbe and Kristin Tamstrom, Deputies Corporation Counsel, anticipates calling the following witnesses from the Department of Planning: RULAN WAIKIKI, Planner JOHN RAPACZ, Planning Program Administrator MICHELE MCLEAN, Director The County anticipates entering the following exhibits: EXHIBIT DESCRIPTION A Parking Reduction Request for 65 Hana Highway dated 01/27/2020 B Denial letter for 65 Hana Highway dated 04/1 7/2020 c Denial letter for 151 Hana Highway dated 0811 0/2020 0 MCC § 19.36B .1 10 The County reserves the right to supplement this witness and exhibit lists or to introduce any exhibit identified by Appellant. DATED: Wailuku, Maui, Hawaii, November 2, 2020. MOANA M. LUTEY Corporation Counsel Attomeys for Appellee COUNTY OF MAUl, DIRECTOR OF PLANNING By ~ THOMAS KOLBE KRISTIN K. TARNSTROM Deputies Corporation Counsel 2 EXHIBIT A Planning Department Planner Routing Form I Primary Permit #: IPSW- 20200002 Mail Log: Location Code: Applicant Name: Michael Baskin Assigned Planner: Rulan Waikiki Project Name: 65 Hana Highway (2) 2-6-002:01 0-0000 Project Description: Parking Reduction-Paia I Retrieve File for Planner? Permit #1: PSW-20200002 RFS#(s) 04-0002787 Note: RFS calls that 06-0001312 Permit# 2: exist on this TMK. 08-0001875 10-0000272 10-0000888 10-0000847 Permlt#3: 11-0002053 12-0000268 12-0002621 12-0002895 Permit# 4: 12-0002314 13-0000124 13-0001329 15-0000862 15-0001300 Permit# 5: 13-0002174 16-0000128 16-0000827 13-0001880 Permit# 6: 18-0000119 18-0001256 19-0000652 19-0001246 JlRJOUTJJ2 Schedule Assigned Date: 01/28/2020 Due from Agency: Complete By: PD Complete: More Info Required: To Planning Comm: More Info Received: To County Council: Sent to Agency: Completed: Comments: 1/28/2020-CK to Rulan for Parking Reduction App Review- t/y! (ck) EXHIBIT A COUNTY OF MAUl PERMIT RECEIPT Page I of I REC.EIPT NUMBER: 20-0000923 APN: 2260020100000 PARCEL OWNER: UEHARA FAMILY IRREVOCTRUST ETAL DATE ISSUED: 28-JAN-2020 ADDRESS: PERMIT: PSW 20200002 CITY/STATE/ZIP: SCOPE:. SITE ADDRESS: 65 HANA HY PERMIT OWNER: SUBDIVISION: ADDRESS: CITY: PAIA, HI 96779 CITY /ST ATEIZTP: Contractor Company Fees Calculated 12 Months .Back Date Fee Code Description Paid to Date This Receipt Balance Due 28-JAN-2020 PD_PRKG_A PARKING APPROVAUWAIVER ·ADMIN $0.00 $68.75 $0.00 Totals: $68.75 ~0.00 Payment Code Description Amount CHECK #11989/CHR!S HART & PARTNERS, INC. $68.75 Tendered: $68.75 Change: $0.00 Balance Due: $0.00 REVISION: 8.1 PARKING APPLICATIO N REQUIRED SUBMITTALS lL 1 . Evidence that the applicant is the owner or lessee of record of the real property. X 2. A notarized letter of authorization from the legal owner if the applicant is not the owner. lL 3. Two (2) sets of a plot plan drawn to scale of the proposed site to include the parking layout. X 4 . Non-refundable filing fee (see Fee Schedule, Table 8 , Other Permits and Approvals), payable to County of Maui, Director of Finance. L 6 . Analysis of how the proposed action conforms with the Maui County Code criteria. RECEIVED CtRIS JAN 2 8 2020 HART COUNTY OF MAUl &. PARTNERS, INC. DEPARTMENT OF PLANNING Landscape Architecture City 8.. Regional Planning January 27,2020 Ms. Michele McLean, Director Planning Department 2200 Main Street, Suite 315 Wailuku, Hawaii 96793 Dear Ms. McLean: RE: Parking Reduction Application for 65 Hana Highway at TMK: (2) 2-6-002:010 Paia, Maui, Hawaii. We are submitting one (1) copy of the Parking Reduction application for 65 Hana Highway at TMK: 2-6-002:010, Wailuku, Maui, Hawaii. Additional copies will be provided upon request. The documents submitted have the following items: • Parking Plan Reduction Application Form; • Site Plan • Ownership Documents; • Checklist; and • Check for the application fee in the amount of $68.75 (sixty-eight dollars and 75/cents). Compliance with Chapter 19.36B Maui County Code 19.36B.110- Parking modification, reduction, or deferral. A. For any proposed use, the director may reduce by up to 50 percent the number of the required parking spaces and loading spaces after making a written determination that adequate parking will be reasonably provided. The director shall consider the proposed use, any structures, lot configurations, industry standards, general plan, zoning and state land use designations, historic character and applicable design guidelines in considering the necessity and type ofconditions. The director may seek the recommendation of the Molokai planning commission before acting on a request to reduce the number of required parking spaces and loading spaces on Molokai. At least one of the following criteria must be met for the director to determine that parking will be reasonably provided: 3. One of the following is located within two thousand five hundred feet of the proposed use and can provide parking for the proposed use: J t 5 N MMket Street. Wailuku. ~ul. H<lW.tli %793·17 t 7 • Ph 808-242.-1955 • F.1..x 808-242·1956 www.chpmaut.c.om Ms. Michele McLean, Director County ofMaui Planning Department Re: 65 Hana Highway January 27, 2020 Page2 a. A publicly owned off-street parking lot; or The Paia Town Public Parking lot has 79 stalls and is within 2500sq. ft. of 65 Hana Highway. b. Other parking that is available to the public and is not used to otherwise fulfill the parking requirements of this chapter. In addition to Paia Town Parking Lot, there are 190 publicly available parking stalls throughout Paia and within 2500 sq. ft. of 65 Hana Highway. (See table). 5. Furthermore, pursuant to 19.36B. 110. AS, 65 Hana Highway is in close proximity of a public transit stop (80ft. away) C. Pursuant to 19.36 B.110 C, 65 Hana Highway also requests a parking reduction of 2 stalls due to the installation of bicycle racks to accommodate 20 bicycles. Paia Bay Properties LLC respectfully requests a parking reduction of fifty percent (50%) of its required parking (28), or 14 stalls. This would reduce the parking requirement to 14 stalls. Should these requests be granted, the total required parking stalls will be 12. Thank you for your timely review and processing of the subject application. If additional clarification is necessary, please call or email me at (808) 270~1555, or [email protected]. ~ l t 1 ( [Lu.... U f-&u...o s Sincerely, David Sereda, President Landscape Architect Enclosure cc: Mr. Michael Baskin t ?SW .Jo .,ao ' bOD~ RECEIVED COUNTY OF MAU I DEPARTMENT OF PLANNING JAN 2 8 2020 2200 MAIN HIGH STREET, SUITE 335 WAILUKU, MAUl, HAWAII 96793 COUNTY OF MAUl TELEPHONE: (808) 270-7253 FAX: {808) 270-7634 DEPARHAENT OF PLANNING APPLICATION TYPE: _ PARKING WAIVER, K._ PARKING REDUCTION DATE: January 24,2020 PROJECT NAME: _6_S_H_a_n_a_H_,ig'""h_w...... y__________________ _ PROPOSED DEVELOPMENT: no new proposed development TAX MAP KEY NO.: (2)2-6-002:010 CPR/HPR NO.: ____ LOT SIZE: 0.0605 acre PROPERTY ADDRESS: 49 Hana Highway Paia, Maui, HI Uehara Family Irrevocable OVVNER: ~n~us~t______ _ PHONE:{B}_____ _ {H)_______ _ ADDRESS: 1212 Punahou Street,Apt.2106 CITY: Honolulu STATE: ~HI~--------- ZIP CODE: .....:9::..::6~82:..:6~--- OWNER SIGNATURE: See attached Letter of Authorization APPLICANT: ...:.M'""'i'-='ch:..:..:a:..:e:..:...l:..:Ba==s~ki~n _____________________ _ ADDRESS: P. 0. Box 790100 CITY: ....:.P-=-al=a__ ___ STATE: _H_I _______,ZIP CODE: -'9-"6....:...7"'-'79'----- PHONE (B): (H): ~: emaii:[email protected] APPLICANT SIGNATURE: 111_ ~ AGENT NAME: Chris Hart& Partners,lnc.(Oavid Sereda) ADDRESS: 115 North Market Street CITY: Wailuku STATE: ~H~I__________ __ ZIP CODE : _9;;...;6::...;.7~93;;____ _ PHONE (B): ------- {H): FAX: EXISTING USE OF PROPERTY: ....:r:...=e:.::ta:..:.:il~sr:::.;.pa=.::c:.::.e-=a.:.:..nd~re:..=.st=a:.::u:...:.ra:.:..:n-=-t---------- -- CURRENT STAT E LAND USE DISTRICT BOUNDARY DESIGNATION: -=U=rb=a....,_n__ _ CommerdaUBuslness COMMUNITY PLAN DESIGNATION: ZONING DESIGNATION: s-cr& R-3 OTHER SPECIAL DESIGNATIONS: ------------------------ Rev 11-2012 :rPublic.net- Maui County, HI - Report: 260020100000 https:/lqpublic.schneidercorp.com/Appl ication.aspx?AppiD== 102 .. CO~TYF ~ 0 ~ Parcel Information P~rcel Number 260020100000 IA>c:atlon Address 65HANAHWY RECEIVED PAIA Hl 96779 Neighborhood Code 2661·3 Legallnfonnation POR SECTION 2 HAMAKUAPOKO HUI LANDS 26,340 SF OR JAN 2 8 2020 Land Area 0.605Acres Parcel Note COUNTY OF MAUl View Map DEPARTMENT OF PLANNING Owner Information Owner Names Mailing Address UEHARA,NOBORU TRUST Fee Owner UEHARA.NOBORU