HomeMy WebLinkAboutCOM 0906.001 1998-2000
(VOW
1.
J. CURTIS TYLER, III ; Bus: (808) 326-5684
CmmcilMember _ Fax: (808) 326-5697
District 8 (Norlh Kowa) ctykr@%*apac.nd
[Q
EIAWAI`I COUNTY COUNCIL. _
September 27, 2000
MEMORANDUM:
TO: The Honorable James Y. Arakaki, Chairman
Hawai'i County Council
FROM: J. Curtis Tyler III
Council Member
RE: Bill 310 - Kamehame I e tment Co ra on
Attached please find a copy of a letter from Steven S.C. Lim to myself regarding the
subject referenced. I would like to request that the attached document be circulated to all
Council Members before the October 4 Council meeting, in reference to Bill 310.
Attachment
Comm. No. 90~ ' DO
C /JCT/Co`respmdmcelMemos/Amkaki&AIICM092700 V
File No.
Ref. To P 0u t
Ref. Dated 2 9 2000
Kona Council Office: 77-6399 Nalani SUM 0 Suite 104 • Kailue-Kons 0 Hawaii 0 96740.8980
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 Waianuenue Avenue Hilo, Hawaii 96721-0686 Phone: (808) 935-6644 Fax: (808) 935-7975
Memorandum To: Councilman Curtis Tyler
cc: Joe Spencer
From: Steven S. C. Lim, (808) 935-6644
Date: September 22, 2000
Subject: Kamehameha Investment Corporation: TMK (3) 7-8-10:portion of 02
Time Extension Request under Change of Zone Ordinance No. 97-79
This will respond to your inquiry regarding time extensions granted to
applicant Kamehameha Investment Corporation (KIC) under Ordinance No. 97-79, in
conjunction with the proposed commercial development of lands adjacent to the Keauhou
Shopping Village.
Ordinance No. 97-79 effective June 9, 1997, rezoned the subject 10.375-
acre parcel (3) 7-8-10:portion of 02, from an Unplanned (U) to a Village Commercial
(CV-7.5) designation.
Condition B of Ordinance No. 97-79 provides as follows:
"(B) an SMA Use Permit application for the proposed development
within the subject property shall be submitted to the Planning
Department within one year from the effective date of the
change of zone."
Condition O of Ordinance No. 97-79 provides as follows:
"(O) an extension of time for the performance of conditions within
the ordinance may be granted by the Planning Director upon
the following circumstances:
1) the non-performance is the result of conditions that could not
have been foreseen or are beyond the control of the
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applicants, successors or assigns, and that are not the result of
their fault or negligence;
2) granting of the time extension would not be contrary to
the General Plan or Zoning Code;
3) granting of the time extension would not be contrary to
the original reasons for the granting of the permit;
4) the time extension granted shall be for a period not to
exceed the period originally granted for performance
(i.e., a condition to be performed within one year may
be extended for up to one additional year)."
On September 23, 1998, the Planning Director granted KIC a one-year
administrative time extension until June 9, 1999, in which to comply with Condition B.
On June 30, 1999, the Planning Director granted KIC a second one-year
administrative time extension until June 9, 2000, in which to comply with Condition B.
On August 4, 2000, the Planning Commission recommended approval of a
five-year time extension in which KIC must comply with Condition B.
We believe that the Planning Director granted KIC the aforementioned
second one-year administrative time extension, since Condition O of Ordinance No. 97-
79 does not contain the following additional provision often included in other rezoning
ordinances:
"5) if the applicant should require an additional extension
of time, the Planning Director shall submit the
applicant's request to the County Council for
appropriate action.."
A copy of Ordinance No. 97-79 is attached for your reference.
Please call me should you have any questions concerning the foregoing
discussion. Thank you for your consideration in this matter.
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