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SidneyFuke, Planning Consultant <br /> Pauahi Street,Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning <br /> 100 PaU •Subdivision•Land Use Permits <br /> Telephone:(808)969-1522•Cell:(808)989-0640 •Environmental Reports <br /> E-mail:sidfuke @hawaiiantel.net <br /> November 25, 2013 <br /> Mr. Duane Kanuha, Director <br /> Planning Department <br /> COUNTY OF HAWAI'I <br /> 101 Pauahi Street <br /> Hilo, HI 96720 <br /> Dear Mr. Kanuha: <br /> Subject: Time Extension Request—Waterfall Entertainment, Inc. <br /> (Formerly Seawind Holding, Inc.) <br /> REZ 898, Ord.No.98-98 06 P/( <br /> Waiakea, South Hilo,13L,TMK: 2-2-037: 029 <br /> The subject area, consisting of 21,050 square feet, was rezoned into the Industrial- <br /> Commercial Mixed (MCX-20) district (Ord. No. 98-98) on September 25, 1998 to allow <br /> the development of a 7,968 square foot building to accommodate a convenience store, <br /> restaurant, and/or other retail outlets. Subsequently, there was an amendment to that <br /> ordinance to allow more time to secure the water commitment and complete construction <br /> of the project. This amendment (Ord.No. 06 144)which became effective on November <br /> 28, 2006, required payment of the water commitment fee within 180 days (May 28, 2007) <br /> and completion of the project within 5 years(November 28, 2011)of the effective date of <br /> the amendment. (Exhibit A) To date, neither the water commitment fee has been paid <br /> nor the project completed, let alone started. <br /> Accordingly, the current landowner is requesting a time extension to pay the <br /> water commitment fee as well as to complete the project. <br /> I. GENERAL BACKGROUND <br /> The subject property is owned by the trusts of George Murata and Masuko <br /> Murata. It was leased for 67 years to Mr. Wayne Okutsu of Seawind Holding, Inc. The <br /> lease was subsequently assigned to Mr. Maurice Akamine of Waterfall Entertainment, <br /> Inc. ("Applicant") A copy of this lease assignment is found in Exhibit B. <br /> It should be noted that a Plan Approval application for a sports bar and grill was <br /> filed by the former lessee. However, in a letter, dated October 22, 2009, it was deferred <br /> by the Planning Director pending submittal of a site drainage plan, real property tax <br /> clearance, and a solid waste management plan. Nothing transpired subsequently. <br /> II. NATURE OF REQUEST <br /> The Applicant wishes to proceed with the development of this site in accordance <br /> Planning Dept. <br /> Exhibit <br />