The URL can be used to link to this page

Home My WebLink AboutCOM 0747.000 2000-2002 foJ~SY OF H,q~9 i T' Christopher J. Yuen Harry Kim Mayor Director .4p E.QF.HPda ~ ' Ray R. Takemoto i Deputy Director Caunf r of pufunil- PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808) 961-8742 September 11, 2002 Mr. Jerry L. Chang Ms Gay Mukai 218 S. Wilder Road Hilo HI 96720 Dear Mr. Chang and Ms. Mukai: Change of Zone Ordinance No. 96-113 (REZ 269) Change of Zone Ordinance No. 96-148 (REZ 836) Applicant: M 10, Inc. Owners: Jerry L. Chang & Gay Mukai Subject: Request for Administrative Time Extension to Conditions Tax Map Key: 2-5-046:Portion of 001 This is to acknowledge receipt by our office on August 22, 2002 of your request for a five year administrative time extension pursuant to Condition B of Ordinance No. 96-113. In addition, your September 3 and 4, 2002 conversations with staff clarified that the request for a five year administrative extension was also to included Condition C of Ordinance No. 96-148. For clarification purposes, please note that Condition B in your letter should refer to Ordinance No. 96 113 and not Ordinance No. 96 114. Condition B of Ordinance No. 96 113, effective September 25, 1996, states the following: "Subdivision plans for any portion of the subject property shall be submitted to the Planning Department and final subdivision approval shall be secured within five (5) years from the effective date of this ordinance..." 4 7 axe o. Ref, fig: Ftef, Date U 1 -3 2002 - Mr. Jerry L. Chang Ms Gay Mukai Page 2 September 11, 2002 In reviewing the REZ. No. 269 file, we note that the enclosed letter dated October 9, 2001 to Mr. Kent R. Smith of Smith Development, granted a five year extension of time to Ordinance No. 96 113 or until September 25, 2006 in which to secure Final Subdivision Approval. Therefore, the initial extension of time has already been granted for this Ordinance. Please note, however, that in the second paragraph of that letter, references to Ordinance No. 96 148 should be corrected to read Ordinance No. 96 113. Condition C of Ordinance 96 148, effective December 5, 1996, states the following: "Final Subdivision Approval for the proposed residential subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of this ordinance but not until the final determination of the required rights-of-way for the extensions of Puainako Street (Saddle Road) and Akolea Road traversing the subject property have been established..." As new owners of the subject parcel, an additional five years to comply with the above referenced condition is requested. Based on your request and reason, the Planning Director has determined that non-performance is beyond the control of the applicants and that the granting of a time extension would not be contrary to the General Plan, Zoning Code or original reasons for granting the request. The Planning Director hereby grants an extension of time until December 5, 2006 in which to secure Final Subdivision Approval. Please note, however, that since the request for an initial extension of time was not submitted in a timely fashion, this time extension to comply with Condition C of Ordinance 96 148 is calculated to December 5, 2006, five years from December 5, 2001. Please be informed that should you need an additional extension of time, your request with reasons, 20 copies of that request and a $250.00 filing fee shall be submitted to this office for a public hearing with the Planning Commission. For your added information, Condition K of Ordinance No. 96 148, which identifies the applicable fair share contributions for mitigating regional impacts from the development, includes the following requirement: "The fair share contribution described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI)." Mr. Jerry L. Chang Ms Gay Mukai Page 3 September 11, 2002 We are now enforcing the percentage increase based on the HCPI. Since an administrative time extension does not alter the effective date of Ordinance No. 96 148, that date remains December 5, 1996. In the meantime, please feel free to contact Esther Imamura or Susan Gagorik of our office at 961-8288 should you have any questions. Sincerely, CHRISTOPHER J. N Planning Director ETI:cps P:\WP WIN60\ETI\PCtimext\ChangMukai2Rez836&269.doc Enclosure xc w/ltr: County Council Planning Commission ~aqN OF y4~ Harry Km ~ Christopher f, ti,`&1 Mayor " Derecfor lgrF OF'HP~p Roy R. Takemoto Deputy Director PLANNING DEPARTMENT 25 At puni .Strut, Roorn 109 ^ Hilo, Hawaii 967204,252 (808) 961-8288 v Fax (808) 961-8742 October 9, 2001 Mr. Kent R. Smith Smith Development 1043 Makawao Avenue, Suite 208 Makawao, HI 96768 Dear Mr. Smith: Change of Zone Ordinance No. 96-148 (REZ 836) and Ordinance No. 96-113 (REZ 269) Applicant: M10, Inc. Subject: Extension of Time to Condition B (Secure Final Subdivision Approval) Tax Map Key: 2-5-46: Portion of 1 This is in regards to your letter dated September 12, 2001 requesting an extension of time to Condition B of Change of Zone Ordinance No. 96-113. We apologize for the delay in responding. The existing Ordinance No. 96-148 amended Ordinance No. 218, which was adopted in 1976 by the County Council. Since the original master plan was changed by the adoption of Ordinance No. 96-148, we are considering this your first administrative request. According to Condition B, Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance or by September 25, 2001. Based on your request and reasons, the Planning Director has determined that non- performance is beyond the control of the applicant and that the granting of a time extension would not be contrary to the General Plan, Zoning Code or original reasons for granting the request. The Planning Director hereby grants you an extension of time until September 25, 2006 in which to secure Final Subdivision Approval. Please be informed that should you need an additional extension of time, your request with reasons, 20 copies of that request and a $250 filing fee shall be submitted to this office for a public hearing ,,vith the Planning Commission. Mr. Kent R. Smith Smith Development Page 2 October 9, 2001 Should you have any questions regarding this matter, please contact Susan Gagorik or Esther Imamura at 961-8288. Sincerely, CHRISTOPHER". YUEN Planning Director SG:pak p:\wpwin60\susan\letters\lsmithM l Orez269skg