HomeMy WebLinkAboutCOM 0108.000 2000-2002
Harry I{im ~ ~ Cllnsiopher 7 Yuen
Ma}nr ; ~ Director
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- Roy R Takemoto
Depury Dlracfor
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County of Ha~taii
PLANNING DEPARTMENT
23 Aupun~ 8treey Room I09 • HJq Hawen 96720-4232
(808) 961-8288 • Fs: (608) 96l•8742
February 2, 2001
R Ben Tsukazaki, Esq
Tsukazaki, Yeh and Moore
A Limited Liability Law Company
85 W Lanikaula Street
Hilo, HI 96720
Dear Mr Tsukazaki
Change of Zone Ordinance No. 92-40 (REZ 710)
Applicant: Kohala Ranch, LLC
Subject: Extension of Time for Condition (B)(2)
Ta: Map Key: ~9-Ol: Portion of 10; 5-9-09: Potion of 54;
5-9-10: 31-55.57, 58.60 and Portion of 56: and 5-9-11:1
This is in response to your letter dated January 25, 2001, regarding a request for an
administrative extension of time for Condition (B)(2) of Change of Zone Ordinance
No 92-40
Condition B(1)& (2) of Ordinance No 92-40 states as follows
"the effective date of the rezoning shall be (1) when the applicant provides
assurance satisfactory to the Departments of Water Supply and Planning, upon
consultation with the State Department of Health and the Department of Land
Natural Resources, that a water source(s) of sufficient quality and quantity has
(have) been established within two yeazs from the enactment oftlus ordinance,
provided that a maximum one-year extension may be granted by the Planning
Director with reasonable and sufficient justification, and (2) an agreement,
together with the appropriate bond, surety or other security deemed acceptable by
the Planning Director, is executed between the applicant and the County through
its Departments of Water Supply and Planning for the actual development of a
proven source(s) and its water transmission and distribution system within one
Comm. No.
File No. 2
Ref. To:
Ref. Date 0 6 2~~~
R Ben Tsukazaki, Esq
Tsukazalti, Yeh and Moore
A Limited Liability Law Company
Page 3
February 2, 2001
Should you have any questions regarding this matter, please contact Susan Gagorik or
Esther Imamura at 961-8288
Sincerely,
,•'f ~ ~ _ e
CHRISTOPHI~ J YUEN
Planning Dvector
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Planning Commission
West Hawaii Office
R Ben Tsukazaki, Esq
Tsulcazaki, Yeh and Moore
A Limited Liability Law Company
Page 2
February 2, 2001
year from the official date of compliance with Condition B(1); provided that a
one-year extension may be granted by the Planning Dvector with reasonable and
sufficient justification,"
Based on a previous letter to you from Plarming Director Virginia Goldstein, Condition
(B)(1) regarding assurances that a water source has been established, is dcemed to be
complied with on January 31, 2000 This is the date that the litigation was resolved by
the Hawaii Supreme Court
Therefore, based on the above, Condition (B)(2), shall be complied with by
January 31, 2001 You have informed us that Kohala Ranch, LLC is currently
reevaluating the scope and design of its development within Project N and expects to
complete its planning and design in the near future Thus, until the parameters of the
project design are determined, you have explained that it would be very difficult, if not
impossible to project the design o the water transmission and distribution system
The Planning Director has determined that non-performance is a result of conditions that
could not have been foreseen and not a result of fault or negligence Further the granting
of a one year extension of time would not be contrary to the General Plan or Zoning
Code, nor the original reasons for granting the change of zone Therefore, a one (1)
year extension of time to comply with Condition (B)(2) is granted until
January 31, 2002.
Please be informed, however, should you need an additional extension of time to comply
with Condition B(2), your request and reasons, along with 20 copies of that request shall
be forwarded to the Planning Commission with a $250 filing fee A public hearing will
be held by the Planning Commission, who will forward their recommendation to the
County Council
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