HomeMy WebLinkAboutCOM 0913.000 1998-2000
Virginia Goldstein
Director
Stephen K. Yamashiro WSJ^%;.
Mayor
_ Russell Kokubun
Deputy Director
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PLANNING DEPARTMENT
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 • Fax (808) 961-8742
August 30, 2000
Steven S.C. Lim, Esq.
Carlsmith Ball LLP
Attorneys at Law
121 Waianuenue Avenue
Hilo, Hawaii 96721-0686
Dear Mr. Lim:
Change of Zone Ordinance No. 94-34 (REZ. 801)
Applicant: International Development Projects
Subject: Extension of Time to Condition B (Secure Final Subdivision Approval)
Tax May Key: 7-5-17:32
This is in response to your letter dated August 11, 2000, regarding an initial extension of time for
Condition B of Ordinance No. 94-34, effective August 23, 1995. Please disregard a previous
August 22, 2000 letter that was sent to you on the same subject matter.
Condition B states as follows:
"B. Final Subdivision Approval of the proposed development shall be secured within
five (5) years from the effective date of this change of Zone Ordinance."
Based on this condition, Final Subdivision Approval should be secured by August 23, 2000.
You have informed us that International Development Projects, Ltd. is requesting the time
extension in order to reconfigure its project design to meet current market demands for RS-20
lots in the Kailua-Kona area. You anticipate compliance with this requirement within the five-
year extension period.
Based on the above circumstances, the Planning Director determines that non-performance is a
result of conditions that could not have been foreseen, the granting of the extension would not be
contrary to the General Plan or Zoning Code nor contrary to the original reasons for granting the
Comm. No. 9~3
File No.
Ref. To:
Ref. Date SEP 0 9 2000
Steven S.C. Lim, Esq.
Carlsmith Ball LLP
Page 2
August 30, 2000
change of zone. You are hereby granted an administrative extension to Condition C until
August 23, 2005.
Please be informed that should an additional extension of time be needed in order to comply with
conditions, your request and $250 filing fee for an additional extension of time shall be filed with
the Planning Department. A public hearing on the request will be held by the Planning
Commission, who will forward their recommendation to the County Council for final approval.
Should you have any further questions regarding this matter, please contact Susan Gagorik or
Phyllis Fujimoto at 961-8288.
Sincerely,
GINIA GOLDSTEIN
Planning Director
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CARLSMITH BALL LLP
ATTORNEYS AT LAW
A LIMITED LIABILITY LAW PAKTNERSHI'600 RUG 14 Pf7 3 05
121 WAIANUENUE AVENUE PLANNING DEPARTMENT
P.O. BOX 686 COUNTY OF HAWAII
HILO, HAWAII 96721-0686
TELEPHONE (808) 935-6644 FAX (808) 935-7975
W W W.C A R LS M I TH.COM
DIRECT DIAL NO. E-MAIL SLIM@CARLMITH.COM OUR REFERENCE NO.
(808) 935-6644 034466-3
August 11, 2000
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change of Zone Application No. 94-34 (Condition B of Ordinance No. 95-100)
Request: Administrative Time Extension to Secure Final Subdivision Approval
Applicant: International Development Projects, Ltd.
Subdivision: Hualalai Heights
Tax Map Key: 7-5-17:32
Dear Ms. Goldstein:
Pursuant to Condition H of Ordinance No. 95-100, this will request an
administrative time extension of five years from August 23, 2000 through August 23, 2005, in
which to secure Final Subdivision Approval for the proposed development, pursuant to
Condition B of the subject rezoning ordinance.
Applicant International Development Projects, Ltd. is requesting the time
extension in order to reconfigure its project design to meet current market demands for RS-20
lots in the Kailua-Kona area, and anticipates that it will be able to comply with applicable
requirements for revised project design and construction as well as applicable revised fair share
and related infrastructure requirements within the five year extension period. The applicant
respectfully submits that granting of the five-year time extension would not be contrary to the
General Plan or Zoning Code, or the original reasons for approval of the rezoning application.
HONOLULU - KAPOLLI - HILO KOLA MAUI - GUAM SAIPAN Los ANGELES WASHINGTON, D.C. MLXIC0
Virginia Goldstein
Planning Director
August 11, 2000
Page 2
Please do not hesitate to contact me at 935-6644, should you have any questions
concerning the foregoing discussion. Thank you for your consideration in this matter.
Sincerely,
CARLSMITH BALL LLP
STEVEN S C.
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