HomeMy WebLinkAboutCOM 0470.000 2000-2002 JNt'~'oF h~~
d-iarry Kim : * Christopher J. Yuert
Mayor Director
qTE OF'H~'~ Roy R. Takemoto
Deputy Director
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PLANNING DEPAISTMENT
25 Aupuni Street, Room 109 • gliIo, Fiasvaii 96720-4252
(SOS) 961-8288 • Fax (808) 961-8742
December 26, 2001
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Mr. Gary Keller ` ~
P.O. Box 591
Kapaau, HI 96755
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Dear Mr. Keller:
Change of Zone No. 96-5 (REZ 811)
Subdivision Application 96-110
Applicants: Gary Keller/Robert Watkins
Subject: Request for Time Extension
Tax Map Kew 5-4-03:008
This is to acknowledge receipt by our office on November 23, 2001 of a request to grant
an administrative time extension pursuant to Condition I of the above referenced
ordinance,
We have conducted a review of our records and note the following:
• Januax-y 12, 1996 -Ordinance No. 96-5 effective date. Condition C of the ordinance
requires:
"Final Subdivision Approval of the proposed subdivision development shall be
secured within fve (5) years from the effective date of this change of zone
ordinance."
• Nove~aber 21, 1996 -Tentative Subdivision Approval granted subject to ten
conditions. Conditions 9 and 10 apply to time requirements for compliance and time
extensions.
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Mr. Gary Keller
Page 3
December 26, 2001
In summary, in the initial time period of five years from the effective date of the above
referenced ordinance, the applicant has failed to meet all conditions established with
regard to Tentative Subdivision Approval and has exhausted all time extensions granted
for submission of final plat maps. Condition I of Ordinance No. 96-5 allows for an
administrative extension of an additional five (5) years provided that the non-
performance is the result of unforeseen conditions and is not contrary to the General Plan,
the Zoning Code, or the original reasons for granting the change of zone.
Apparently there was misunderstanding regarding the scope of the time extension granted
for Tentative Subdivision Approval. That request does not automatically trigger an
extension to the Change of Zone ordinance associated with the Subdivision Application.
Since you have provided a separate request for an administrative time extension to
Ordinance No. 96-5 and the granting of a time extension is not contrary to the General
Plan, the Zoning Code, or the original reasons for granting the rezoning, the Planning
Director hereby grants a five (5) year administrative time extension. The applicant shall
secure Final Subdivision Approval in compliance with Condition C of Change of Zone
Ordinance No. 96-5 by January 12, 2006.
Please feel free to contact Eileen O'Hora-Weir or Susan Gagorik of our office at (808)
961-8288 should you have any questions on this matter.
Sincerely,
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CHRISTOPHER YUEN
Planning Director
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xc w/ltr: Planning Dept. -Kona
Planning Commission
County Council
Crary L. I~~ll~r
P.O. 591
Kapaau, Ha~raui 9b755
November 21, 2001
Christopher 1. Yuen
PLANING DEPARTMENT
2S Aupuni Street
Hilo, Hawaii 96720
RED T_IDIE_EXTENSION REQUEST
SUBDIVIDER : WATKINS, Robert
Proposed Subdivision of a
Portion of Get 2fi~9
Into-Lots 1 ~nd2
At Hanaula, North Kohala, Hawaii
TMK: ~-4-003:008 (96-110)
Dear Mr. Yuen
I am_requestinga ONE YEAR TIlVIE_EX'I'ENSION of Ordinance No_ 96 5 (Change of Zone
Application No. 95-1)
On Wednesday November 21, 2001. I came- into the Planing Department to submit the documents needed
to complete requirements for TENTATIVE APPROVAL dated 11/21/96. I was informed byyour staff
that in addition_to the Time Extension I had. received regarding~he Tentative Approval conditions, I
would also need a Time Extension for the Ordinance.
My Planing. Consultant Mr. Don McIntosh , in his letter dated October 4, 1999 had asked and was
granted a Time Extension to November 21, 2001. At that time and after my correspondence with Mr.
Mclntosh_I was under the assumption. that the Ordinance would-be extended to.
Should you have any questions, you may contact me at 889-5059.
Very truly yours,
/ ~,d~
Gary Keller
Owner/Subdivides
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