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Home My WebLink AboutCOM 0692.000 2000-2002 ~~SY%®R ~''qlY Harry Kim f cw~ Dixie Kaetsu Mayor t ~ Managing Director ~:g~ ~r~oe•;~ , of .w Deputy Managing Drrector ~~111~1~~ ~~il 25 Aupuni Sireet, Room 215 • Hilo, Hawaii 96720-4252 • (808) 961-8211 • Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808)329-5226 Fax (808)326-5663 July 11, 2002 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Change of Zone Application (REZ 02-002) Applicants: Roy E. King, Jr. et al. Request: Agricultural (A-20a) to Family Agricultural (FA-3a) Tax Map Key: 7-3-024:011 Change of Zone Application (REZ 02-009) Applicant: TSA Corporation Request: Open (O) to Industrial-Commercial Mixed District (MCX-la) Tax Map Key: 7-3-051:060 Change of Zone Ordinance No. 00-105 which amended Ordinances No. 99-79, 94-78 (REZ 767) Re: Conditions M and M(2) (Complete Construction) Applicant: Big Island Country Club Estates Tax Map Keys: 7-1-5:9, 10, 22, ~6, 28-34, 39-41, 58 & 59 ~ a~`~~:~:g L~1€j eoa- _ -bated As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Sinc rely,. Harry Cot>'tl a3~ i~3~ Mayor Pile ;'~~s Enclosures cc: Planning Department Ref. ~o . • Ha Kim ~°Nt~.oF ham' rry ~ Geraldine M. Giffin Mayor y w o.' Chairperson 4TH OF•~D'd~ ~®1~i1~t~T ~~T~ii PLANNING CO10'IIVIISSION ~u~nmi Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 (808) 961-8288 • Fax {808) 961-8742 Honorable James Y. Arakaki. Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Milo, HI 96720 Dear Chairman Arakaki and Members: Planning Director Initiated Repeal of Ordinance No. 93-65 (REZ 742) Issued to: Kamuela P&D, Inc. Tax Map Key: 6-4-24:Portion of 27 The Planning Commission, after a duly held public hearing on July 3, 20p2, voted to recommend the repeal of Ordinance No. 93-65, previously issued to Kamuela P ~ D, Inc. to reclassify 3.101 acres of land from Neighborhood Commercial (CN-7.5) to the original district classification Agricultural (A-Sa). The property is located on the south side of Mamalahoa Highway across from Oshiro Restaurant and 300 feet west of Fukushima Store, Pu`ukapu Homesteads, Waimea, South Kohala, Hawai `i. The Commission concurs with the following Planning Director's findings in recommending the repeal of Ordinance No. 93 65: Ordinance No. 93 65, effective June 22, 1993, reclassified 3.101 acres of land from Agricultural (A-Sa) to Neighborhood Commercial (CN-7.5). Final approval for the 3-lot subdivision has not been secured within the required three (3) years or by June 22, 1996. On July 18, 2001, a request for an extension of time, as allowed by Condition O, was denied since the request was submitted beyond the deadline for compliance. Subsequently, Alvin T. Ito, Esq. and Ian Langevin submitted letters requesting to rescind Ordinance No. 93 65 as there are no intentions to proceed with any commercial development. Therefore, the Planning Director is initiating the repeal due to noncompliance with conditions of Ordinance No. 93 65, and at the request from the current and prospective landowners. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 For your favorable consideration, a proposed bill to repeal Change of Zone Ordinance No. 93 is transmitted. We are enclosing a copy of the staff background report for your information. Sincerely, n l/ d~ii Geraldine M. Giffin, Chairman Planning Commission Enclosures xc: Mr. Ian Langevin Alvin T. Ito, Esq. Department of Public Works Department of Water Supply Planning Department -Kona Brian Minaai, Director/DOT-Highways, Honolulu BKamuelaP&DO 1 eti5/28/02 COUNTY OF IIA~VAII PLANNING DEPT-~IITIVIENT ~ 4.CI~GI20UND ~EPOI2T PLANNING DIRECTOR INITIATED ACTION TO REPEAL CIIANGE OF ZONE ORDINANCE NO. 93 65 (REZ 742) E®RME~$,I,Y I~;AMiJELA P 8L D~~~,..). The Planning Director is initiating to repeal Change of Zone Ordinance INTO. 93 65 (REZ 742), issued to Kamuela P & D, Inc., which reclassified land from Agricultural (A-Sa) to Neighborhood Commercial (CN-7.5). The property is situated on the southern (towards Mauna Kea) side of Mamalahoa Highway, approximately 2,000 feet from its intersection with Kamamalu Street (towards Honokaa), Puukapu Homestead, Waimea, South Kohala, TMK: 6-4-24:Portion of 27. ~ NOLOOY 1. June 22, 1993: Effective date of Ordinance No. 93 65 approved by the County Council, which reclassified a 3.101 acre portion of the subject parcel from A-Sato CN-7.5. (See Exhibit A -Ordinance N®. 93 65) 2. March 4, 1994: Planning Director acknowledged receipt of eight (8) copies of preliminary subdivision map and filing fee of $21.00 fora 3-lot subdivision (Sub. No. 94-37). 3. June 9, 1994: Planning Director granted tentative approval for Subdivision No. 94-37. 4. May 8, 1995: Planning Director acknowledged receipt of nine (9) copies of final subdivision plat map reflecting a 3-lot subdivision. 5. June 28, 2001: Letter from WVFE Partnership, represented by Alvin T. Ito, Esq., requesting an extension of time to comply with Ordinance No. 93 65. (See Exhibit D) 6. July 18, 2001: Planning Director letter informing Alvin T. Ito, Esq. that since a significant amount of time has passed beyond the compliance deadlines, an administrative extension of time cannot be granted. (See Exhibit C) 7. January 24, 2002: Letter from Alvin T. Ito, Esq. authorizing Ian Langevin and Carol Langevin, perspective purchasers of the property, to rescind Ordinance No. 93 65. (See Exhibit D) r. 8. February 6, 2002: Letter from Ian Langevin requesting to rescind Ordinance No. 93 65 and reclassify the subject area to its original zoning as none of the conditions have been complied with. (See Exhibit E) 9. March 22, 2002: Letter from Alvin T. Ito, Esq. stating that WVFE Partnership has no objections to the rescinding of Ordinance No. 93 65. (See Exhibit F) AGENCI,I.ES' COMlO7~NTS 10. Department of Publie Works (April 28, 2002 Memorandum): "We reviewed the subject application and have no comments on or objections to the request." 11. Department of Water Supply (April 29, 2002 Memorandum): "We have reviewed the Planning Director's memorandum on the subject topic and we have no comments." 12. Department of Transportation (May 6, 2002 Letter): "Thank you for your transmittal requesting our review of the subject action. "The proposed repeal of Ordinance 93-65 which will restore the property to its original Agricultural (A-Sa) district classification will not impact our State transportation facilities. "We appreciate the opportunity to provide comments." ~'~GENC - NO >R~SPO~1S,~ 13. Real Property Tax Office, Department of Health and Waimea Community Association. COLJI~~Y O~ I-3~.~AII ~~AT O~ ~VV~II ~II.I~ 1®TO. 6 (Draft 3) OI~.DII~TANCE I®d0. AN ORDINANCE AMLENDING SECTION 25-95E (LALAMILO-PUUKAPU ZONE MAP) ARTICLE 3. CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, HY CHANGING THE DISTRICT CLASSIFICATI®N FROM! AGRICULTURAL (A-~5a) TO NEIGHEORHOOD COMMlERCIAL (CN®~.5) AT PUUKAPU, WAIMIEA, SOUTI~ KOHALA, HAWAII , CO~TERED ~3Y TAK MAP KEY 6-~-.24 : PORTION 27 . ~3E IT ORDAINED SY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-95E, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Neighborhood Commercial (CN-`~.5): Beginning at the north corner of this parcel of land, .being also the west corner of Land Court Application 1252 and on the southerly side of Niamalahoa highway, the coordinates of said point of beginning referred to Govern%Ylent Survey Trlangulataon Station "West Base" being 106.'94 feet South and 2,646.08 feet East, thence running by azimuths measured clockwise from True South: 1. 329° 07' 350.60 feet along Land Court Application 1252; 2. 70° 2l' 392.80 feet along the remainder of Grant 4598 to Estate of David Koki (remainder of Lot 11-A); 3. 149° 07' 350.60 feet along Grant 4566 to C. Luiki; - ~4. 250° 21' 392.80 feet along Mamalahoa Highway to the point of beginning and containing an area of 3.101 Acres. All as shown on the map attached hereto, marked Ezhibit "A" and by reference made a part hereof. - SECTI®I~ 2.. 'This change in district classification is conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) if required, the applicant shall submit the required water commitment payment to the department of ~Tater Supply in accordance with its "Vdater Commitment Policy" within ninety (90) days from the effective date of this ordinance; (C) final Subdivision .Approval of the proposed commercial subdivision shall be secured within three (3) years from the effective date of this ordinance. Plans shall indicate the dedication of a 10-foot road widening strip along the subject property's entire Mamalahoa Highway frontage; (D) Final Plan Approval for the proposed development shall be secured within one year from the date of receipt of tentative Subdivision Approval. The plan shall indicate existing and proposed structures, parking, driveway circulation, landscaping, a 10-foot road widening strip along the property's Mamalahoa Highway frontage to be dedicated to the County, and all off-site improvements. Structures shall be sited and landscaping provided for the purpose of mitigating noise and visual impacts to adjacent properties and from s2- Mamalahoa Highway; (E) Construction of the proposed development shall be completed within three years from the date of receipt of Final Plan Approval; (F) the applicant shall provide the following roadway/ intersection improvements in a manner meeting with the approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval: a) a left turn pocket on Mamalahoa Highway for westbound traffic, b) separate left-turn and right-turn lanes for traffic exiting the project site, and c) provide curbs, gutters and sidewalk improvements along the project site's Mamalahoa Highway frontage and project's interior roadway system. These improvements shall be constructed and dedicated to the County when and as required by the Department of Public Works; (G) the applicant shall provide street lights and signali~ation of the project site's Mamalahoa Highway intersection, meeting with the approval of the Department of Public Works. In the event that the applicant conveys ownership, leasehold, or controlling development interest in the land prior to receiving its initial subdivision approval for the proposed project, an in-lieu monetary fee for the cost of constructing these improvements, to be determined by the Department of Public Works shall be due and payable on or before the issuance of a building permit for any commercial structure; (H) drainage system improvements, if required, shall be constructed in a manner meeting with the -3- approval of the Department of Public Works, prior to the issuance of Final Subdivision Approval; (I) water demand calculations for the individual commercial uses proposed within the project site shall be submitted to the Department of Water Supply for review and approval, prior to the issuance of Final Plan Approval for these commercial uses; (aT) the applicant shall utili.~e design and landscaping guidelines of the Waimea Design Plan; (K) the applicant shall comply with all other applicable laws, rules, regulations and requirements of the affected agencies, including those of the Department of Health and~the Fire Department; (L) should any unidentified sites or remains, such as lava tubes, artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the affected area shall cease and the Planning Department immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (~I) should the Council adopt a Unified Impact--Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of gone. The report shall address the status of the development and the compliance with the conditions of -4- approval, fihis condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (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 applicant, successors or assigns, and that are not the result of their fault or negligence; granting of the time extension would not be contrary to the General Plan or the honing Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of gone; 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 addition year); -and 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. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. -5e SECTI®N 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its agproval. INTROD~7CED HY: P ~ I t:OUNCII, B R, C® O~ H~1W~1IZ H~1®, Hawaii Date of Introduction: June 2, 1993 Date of 1st Reading: June 2, 1993 Date of 2nd Reading: June 16, 1993 Effective Date: June 22, 1993 ~,FpR®VED A~ T® F'ORi~ AND DEG~,ITY: ?~P113Y CORD®RATI®N CC3iIN~EL DATE : Z /~3 ~6e A 5q I ,I A+~a A 5'c. CN- 7-S ` A Sq ~ ev.q ~oC'' ./~0 cv ac r Pdj To X9.5 cN 7--~' nd / r"lrG~ Z - p SD bY'gy .'a U o0 s io A ~ ~Otio '70° ed.1 ' 3Z°~° 07' \ p 0 ~~.~o ~so_~o n C A ,q s~ A~ ~ 4 N~o~~~fl~~®~~ ~w,~ A-~4 0 n C Rs eo Urk ~,~~~`l '~T. 0 J ~ 4 Q I L~ f+,-moo t~t~~F'A~~~ r~~ ~1>~?Pe1NiN~ ~~~.~~TM~N°T' 4y=- i s ~n . ~ 11 r t4 l1°C f'1l"1 U C le.r°~ ~ a`q v ~ i N C= ~ ~ ~ LAW OFFICES OF ALVI N T. ITO _ ~ ~ . HAWAII TOWER, SUITE 702 745 Fort Street Mall Honolulu, Hawaii 96813 (808) 545-2702' FAX (808) 531-6898.-~,. Gina Fukunaga CELL (808) 554-9292 Legal As5i5tant June 28, 2001 Christopher Yuen, Esq. Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: 64-979 Mamalahoa Highway Kamuela, Hawaii 96743 TMK No (3)6-4-24:7 (4) Dear Mr. Yuen: I represent WVFE Partnership, a Hawaii General Partnership ("WVFE") , which owns certain real property located 64-979 Mamalahoa Highway, Kamuela, Hawaii 96743, TMK No. 3 6-4-24:7 (4) ("Property"). WVFE is requesting an extension of time to allow it or a purchaser to complete development of the Property in accordance with Ordinance No. 93-65. Provision "O" of Ordinance No. 93-65 sets forth several. conditions for an extension of time to secure the Final Subdivision Approval and the Final Plan Approval: 1. The non-performance is the result to conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fraud or negligence. 2. Granting of the time extension would not be contrary to the General Plan or the Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. ~ ~ Christopher Yuen, Esq. June 28, 2001 Page 2 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 with one year may be extended for up to one addition (sic) year). 5. If the applicant should require an additional extension of theme, the Planning Director shall submit the applicant's request to the County Council for appropriate action. A copy of Ordinance No. 93-65 is attached hereto as Exhibit A. Backcrround Tamao Ishihara and Hatsumi Ishihara purchased a 21 acre parcel of property located at 64-979 Mamalahoa Highway, Kamuela, Hawai:i 96743, TMK No. 3 6-4-24:7 (4) ("Farm" ) in or about 1936. The Ishiharas farmed the property from about 1936 to 1972. The Ishiharas had four children who were born and raised on the Farm: Wilfred S. (born 1938), Violet H. (now known as Violet H. Mitsunami)(born 1940), Florence (now known as Florence Ito)(born 1941) , and Eric R. (born 1943) ("Ishihara Children") . As the Ishihara Children grew older, they eventually moved away. At present Wilfred lives in Fresno, California, Florence lives in Honolulu, Hawaii, and Eric lives in Hilo, Hawaii. Only Violet continues to reside in Kamuela. In or about 1978, the Ishiharas were getting old, so they transferred the Farm to the Ishihara Children. The Ishihara Children formed WVFE Partnership in 1978 and purchased the Farm from their parents. Tamao Ishihara passed away in 1985. After Tamao Ishihara passed away, his widow Hatsumi Ishihara continued to reside on the -Farm. Hatsumi Ishihara passed away in 1991. The Ishihara Children were not able to operate the farm, so they decided to sell the property. 2 Christopher Yuen, Esq. June 28, 2001 Page 3 The Ishihara Children put the Farm up for sale and it was eventually sold to KAMUELA P & D, Inc. (~~KAMUELA") The Farm was comprised of two (2) parcels, the smaller five (5) acre parcel was sold to KAMUELA by Warranty Deed dated May 10, 1991. KAMUELA paid WVFE approximately $400,000.00 for the 5 acre parcel. The second parcel of 15.968 acres (~~Property"), or 695,885 square feet was sold by WVFE to KAMUELA by Agreement of Sale dated Ma.y 10, 1991 for $1.1 million. The term of the Agreement of Sale was for five years, with annual of payments of $220,000.00 and accrued interest at loo per annum due on May 21st of each year commencing May 21, 1992. The following is a schedule of amounts due under the Agreement of Sale: Due Date Amount Owed Explanation May 21, 1992 $220,000.00 principal pay down $110,000.00 accrued interest at 10o per annum May 21, 1993 $220,000.00 principal pay down $ 88,000.00 accrued interest at 10o per annum May 21, 1994 $220,000.00 principal pay down $ 66,000.00 accrued interest at loo per annum May 21, 1995 $220,000.00 principal pay down $ 44,000.00 accrued interest at 10o per annum May 21, 1996 $220,000.00 principal pay down $ 22,000.00 accrued interest at 10% per annum All unpaid sums were due on May 21, 1996. 3 Christopher Yuen, Esq. June 28, 2001 Page 4 KAMUELA intended to have the Property re-zoned from agricultural to commercial and use the front portion of the property for commercial business purposes and the rear portion of the property for residential housing. KAMUELA had a portion of the Property re-zoned to commercial in or about 1993. KAMUELA, however, failed to meet the conditions of the re-zoning. KAMUELA also failed to make a~Y of the payments due under the Agreement of Sale (other than one possible payment of approximately $40,000.00 in 1995) and failed to pay the real property taxes. KAMUELA'S principal, Leonard Paresa (~~PARESA") constantly made promises to the Ishihara Children (WVFE) that the development wa:~ proceeding successfully. The Isihara Children believed Paresa and agreed to give KAMUELA more time to complete the development. The pattern of promises by PARESA and agreement by WVFE to extend the time for payment continued year after year, until 2000. Due to KAMUELA' S failure to pay the real property taxes, in or about July 1995, WVFE had to borrow approximately $90,000.00 from Finance Factors, Limited Finance Factors") to pay delinquent real_ .property taxes, and other expenses. Since KAMUELA did not have adequate income or assets to qualify for the loan, WVFE granted Finance Factors a mortgage on the Property. WVFE executed a promissory note and mortgage in favor of Finance Factors dated August 4, 1994 and a Mortgage for $50,000.00 dated August 4, 1994. Said mortgage was recorded with the Bureau of Conveyances, State of Hawaii, as document number 94-147795. The Finance Factors loan was due and KAMUELA needed money to .pay off the Finance Factors loan, real property taxes, and other expenses. KAMUELA applied for a loan with INVESTOR'S FUNDING CORPORATION ("INVESTOR'S FUNDING"). KAMUELA was again unable to qualify for the INVESTOR' S FUNDING loan because it did not have sufficient assets or income. WVFE -again agreed to accommodate KAMUELA by allowing the Property used as collateral for the INVESTOR'S FUNDING loan. 4 Christopher Yuen, Esq. June 28, 2001 Page 5 As a result, in or about 1998, KAMUELA and WVFE borrowed $300,000.00 from INVESTOR'S FUNDING. KAMUELA and WVFE signed an ~~Interest Only Note" in the principal amount of $300,000.00 dated June 22, 1998. Interest was 13% per annum, interest only payments of $3,250.00 were due monthly, until July 1, 1999, when the principal amount of $300,000.00 was due. The proceeds of the $300,000.00 INVESTOR'S FUNDING loan were used for payment of the existing loan, real property taxes, prepayment of the INVESTOR'S FUNDING loan, and loan charges. KAMUELA was unable to pay off the $300,000.00 Note on July 1, 1999, and INVESTOR'S FUNDING filed a foreclosure action for non- payment of the Note. As a result, Florence Ito had to advance $55,000.00 to KAMUELA to extend the pay off date on the Investor's Funding Note from July 1, 1999 to December 15, 2000. On or about February 29, 2000, a payment of $47, 410.61 was made to INVESTOR'S FUNDING from the proceeds of the loan from Florence Ito. On or about March 6, 2000, a settlement agreement was reached between KAMUELA and WVFE. KAMUELA, however, failed to comply with the terms of the March 6, 2000 Settlement Agreement, and WVFE sued KAMUELA and PARESA in a lawsuit WVFE Partnership and Florence Yuriko Ito v Kamuela P & D, Inc, Leonard Paresa, Investors Fundincx Corporation et. al., Civil No. 00-1-0395, Circuit Court of the Third Circuit, State of Hawaii. The lawsuit was settled and a Stipulation for Dismissal With Prejudice of All Claims and All Parties was filed on March 16, 2001. In essence, KAMUELA and WVFE agreed to cancel the Agreement of Sale, and WVFE agreed to forgive KAMUELA and PARESA for all amounts owed, which was well in excess of $1 million. WVFE has paid taxes on the Property from 1993 based upon the commercial zoning. WVFE currently pays annual real property taxes of $16,558.40. This has been paid despite the fact the WVFE has .received almost no income from the Property. 5 Christopher Yuen, Esq. June 28, 2001 Page 6 The following is a summary of WVFE's position regarding the conditions for an extension set forth in condition "O" of Ordinance No. 93-65: 1. The non-performance is the result to conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fauld or negligence. WVFE's position: As indicated above, WVFE as successor to KAMUELA, has been blameless in the failure of KAMUELA to complete the development of the Property. WVFE made every reasonable effort to cooperate with KAMUELA in the development of the Property, but the development was unsuccessful due to the lack of financing for KAMUELA. 2. Granting of the time extension would not be contrary to the General Plan or the Zoning Code. WVFE's position: It is WVFE' s understanding that development of the Property is consistent with the County's General Plan and is not contrary to the Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. WVFE's Position: The extension is not inconsistent with the original reasons for granting of the change in zoning. It is believed that the :Property is in a area that is suitable for commercial zoning. 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 with one year may be extended for up to one addition (sic) year). 6 Christopher Yuen, Esq. June 28, 2001 Page 7 WVFE's position: The extension is being requested beyond the period of the original performance. It may be necessary for the Director to secure permission from the County Council for an extension. 5. If the applicant should require an additional extension of theme, the Planning Director shall submit the applicant's request to the County Council for appropriate action. WVFE's position: It may be necessary for the Director to request that the time to complete the development be extended. In conclusion, WVFE is in the process of selling the Property. The Buyer will not close the sale unless the time for completion of the commercial zoning remains is extended. It is therefore respectfully requested that an extension of time be granted to allow for the terms of Ordinance No. 93-65 be implemented. Thank you for your attention to this matter. Very Truly Yours, C~ Alvin T. Ito ATI:gf Enclosure cc: Florence Ito Vernon Yamanaka 7 JHtV OF H~~ j'' T' ' Christopher J. Yuen Ha Kim Drrector \ ar4TE,OF•N0'~P Roy R. Takemoto Deputy Drrector (~~raxxt~~r ~~~Yt PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 July 18, 2001 Alvin T. Ito, Esq. Law Offices of Alvin T. Ito Hawaii Tower, Suite 702 745 Fort Street Mall Honolulu, HI 96813 Change ofZone Ordinance No. 93-65 (REZ 742) Applicant: Kamuela P & D, Inc. Subject: Extension of Time to Comply with Conditions Tax Mai Key: 6-4-24:27 This is in response to your letter dated June 28, 2001 requesting an extension of time to comply with conditions of Change ofZone Ordinance No. 93-65. Please verify that your records reflect TMK: 6-4-24:27 as the parcel affected by Change ofZone Ordinance No. 93-65 and not TMK: 6-4-24:7. Change ofZone Ordinance No. 93-65 was approved by the County Council effective June 22, 1993 subject to conditions. With reference to Condition B, we have no record that a water commitment payment was made to the Department of Water Supply to meet the 90 day deadline of Condition E of the ordinance. You should contact the Department of Water Supply to confirm your status with regards to availability of water. According to Condition C, final subdivision approval should have been secured within three (3) years from the effective date of the ordinance or by June 22, 1996. Our files reflect that a subdivision application was filed for the subject property on March 2, 1994 with tentative subdivision approval secured on June 9. 1994. However, Final Subdivision Approval has not been secured to date. Therefore compliance with Condition C has not been met. _ V ~ ~ , ~ ~4t~~ Alvin T. Ito, Esq. Law Offices of Alvin T. Ito Hawaii Tower, Suite 702 Page 2 July 18, 2001 Due to the fact that a significant amount of time has passed beyond the compliance deadlines, an administrative extension of time cannot be granted by the Planning Director. Therefore, you need to submit a request to amend conditions of the ordinance, upon which a public hearing will be scheduled. Your letter with detailed reasons, 20 copies of the letter and a $250 filing fee should be submitted to this office. Your request should specify the conditions to be amended and the amount of time you need to comply with these conditions. Please note that if you are able to make the required water commitment payments prior to formally submitting your request, you need not ask to amend Condition B. Upon acceptance of a completed request, we will schedule a public hearing to be held by the Planning Commission, who will forward their recommendation to the County Council for a final decision. Please be informed, that upon submittal of your request, you are required to notify surrounding property owners within 500 feet of the perimeter boundary of the entire property. The property has a split designation of Agricultural and Urban; therefore, we are using the greater distance of 500 feet. This notice must be sent twice -initially, within 10 days of filing your application; and secondly, within 10 days of receipt of the notice that a hearing has been scheduled. We have enclosed an information sheet to guide you through the process. Should you have any questions regarding this mater, please contact Susan Gagorik or Esther Imamura at 961-8288. Sincerely, CH STOPHER J. YUEN Pla ing Director SKG:cps p:\wpwin 601susanUettersll Itorez742 skg Enclosure cc w/ltr: Planning Department -Kona LAW OFFICES OF A L1~I N T. ITO HAWAII TOWEfZ, SUITE 702 745 Fort Street Mall Honolulu, Hawaii 96813 (808) 545-2702' FAX (808) 531-6898 Gina Fukunaga CELL (808) 554-9292 Legal Assistant January 24, 2002 Christopher Yuen, Esq. Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 F.e: TMK: 6-4-024:27 (SUB 2001-0141) & Hawaii County Ordinance 93-65 Dear Mr. Yuen: This is to advise you that WVFE Partnership authorizes Ian Langevin and Carol Langevin, perspective purchasers of the subject property to rescind Hawaii County Ordinance 93-65. Please ccntact the undersigned in the event that any additional consents or information is needed. Thank you for your attention to this matter. ~7ary Truly Yours, ,~1 Alvin T. Ito AT I : gf cc: Vern Yamanaka AGREED T0: ~ 4~ FL~~~E I DATE Ian Langevin P® l3ox -6523 Kar~uela, Hl 96743 ' ' ~ebr~aary 6, 2002 Christopher Yuen Planning ®irector ` , County of l-iawaii 25 Aupuni Stmt ~ Milo, ~lawaii 96720 Re: ®rdinance #93-65 t3ear (Vlr. Yuen: V4iith re#erence to Section 2 of ordinance 93-55, the fnal approval for change ofi coning from Agricultural (A 5a) to Neighborhood Cornmercia! (CN-7.5) is contingent upon a number of conditions, none of which have been met, nor have applications been hied for any time extensions for the completion thereof. Pursuant to Section 2, Item C?a5, Sentence 2, stating: "~uetl~~; shoeal€3 any of tote eaanefitirans ns~t be enet sutastantiaUy corn~iler# ~viti~ in a ti~taly fashi®rt, the F~erect®~ shaBB initiate t~Zaning OP tdae a~a to its Oina1 Or ra~OS~ app?~spnate designater~n.", 1 hereby petition fio the Qirector to initiate rezoning of the property to it's original zoning of Agriculture! (A-5a). 1011itl, rega?~6s to the property covered by 1°ax Atlap Key 6-~4-24:27 Lot 11A, including 15.96 acres, we have no intentions of comt~sercial development on the 3.101 acres indicated in this referenced Ordinance. l~ue proc~sss has been initiated and tentative approval has been granted for subdivision of the above parcel into three parcels zoned ~0.-5a. I would also request-that, capon rescinding Ordinance X93-65, and rezoning said property ~ it's original designation, that the conditions as set forth in the ~~`entative Approval f®c SUbdivision, {ref . SUS 20Q1-011) dated 01/07/02 be reviewed and restated in alignrraent with tl~e conditions for subdivision that conform to agricultural land use standards in the area. We appreciate your timely assistance with these rnatkers. Should you need to reach Tree for any reason, my day time phone number is 936 ~Oli. Sincerely, Gf~1 Ian Lang~aoirr enclosures: 1 (Ito to Yuen-1/24/02) LAW OFFICES OF ALY1N T. ITO HAWAII TOWER, SUITE 702 745 Fort Street Mall Honolulu, Hawaii 96813 (808) 545-2702 "FAX (808) 531-6898 Gina Fukunaga CELL (808) 554-9292 Legal A5ei5tant March 22, 2002 Christopher Yuen, Esq. Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: TMK: 6-4-024:27 (SUB 2001-0141) & Hawaii County Ordinance 93-65 Dear Mr. Yuen: This is to advise you that WVFE Partnership, a Hawaii general partnership ("WVFE"), has no objection to the Planning Department, County of Hawaii, taking steps to rescind the County Ordinance 93-65. WVFE authorizes Ian Langevin and Carol Langevin, perspective purchasers of the subject property, to act on its behalf to rescind Hawaii County Ordinance 93-65. Please contact the undersigned in the event that any additional consents or information is needed. Tha~.k you for your attention to this matter. Very Truly Yours, Alvin T. Ito ATI:gf cc: Vern Yamanaka ~ 1~ AGREED: WVFE PARTNERSHIP, a Hawaii general partnership _ ; / i By FLOREN Y. ITO DATE _ Its Genera Partner STATE OF HAWAII ) SS. CITY & COUNTY OF HONOLULU ) On this ~ day of ~~r~ 2002, before me appeared FLORENCE Y. ITO, to me personally known, who, being by me duly sworn, did say that she is a general partner of WVFE PARTNERSHIP, a Hawaii general partnership, that the instrument was signed in behalf of the partnership by the authority of its partners, and FLORENCE Y. ITO acknowledged the instrument to be the free act and deed of the partnership. t' ~ ~ ~q~,99lIP8l1.:e1, U Q Notar Public, Sta e of Hawaii ~7-1~°Q ~ ~ ~ My commission expires oP~~i ~UaLtG'