HomeMy WebLinkAboutCOM 0217.000 1996-1998 t+,?' x
~ William G. Davis
Managing Director
Stephen K. Yamashiro
Mayor Henry Cho
~~C Deputy Managing Dimctor
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25 Aupuni Street, Room 215 • Hilo, Hawaii 96720.4252 • (808) 961-8211 Fax (808) 961-6553
KOIVA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740
(808)329-5226 • Fax (808) 326-5663
March 13, 1997
co
Honorable James Y. Arakaki, Chairman ~pn ~ ~
and Members of the County Council zC
~ )
County of Hawaii ~ `j '
25 Aupuni Street ~ ~ -1
Hilo, HI 96720 ZrT
D .e co '~,.7
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Dear Chairman Arakaki and Members: ~
Change of Zone Ordinance No. 92-123 (REZ 728)
Applicant: Kapoho Properties
Request: Amendment to Condition B (Secure Final Subdivision Approval)
Tax Man Key: 1-7-17:3
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sinc rely,
`
Stephen K. Yamashiro
i Mayor
AK: syw
LKapohOl.MAY
Enclosures
cc: Planning Commission
REZ 728
f9i 11 65
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Ref. To:
Ref, lit r1AR 1 7 1997
.
6p1 \z. , William G.Davis
n ai, e
Managing Director
Stephen K.Yamashiro : •ii\'`; ''!: '�/,z•
Mayor _~ ,�.._
_ Henry Cho
....44 sp•os:Ni;;► -
��. Deputy Managing Director
&Mit of Aatinaii 3/(714 7
25 Aupuni Street,Room 215 • Hilo,Hawaii 96720-4252 • (808)961-8211 • Fax(808)961-6553 mi , !,f
KONA: 75-5706 Kuakini Highway,Suite 103 • Kailua-Kona,Hawaii 96740
(808)329-5226 • Fax(808)326-5663
March 13, 1997
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 Ordinance No. 92-123 (REZ 728)
Applicant: Kapoho Properties
Request: Amendment to Condition B (Secure Final Subdivision Approval)
Tax Map Key: 1-7-17:3
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action is the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely,
( 6
tephen K. mashiro
Mayor
AK:syw
LKapoh01.MAY
Enclosures
cc: Planning Commission
REZ 7S8'
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Omura. No. z 1 7
File No. 114 qpN
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. mita_ MAR171997
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Stephen i'. Yamashiro ~~i,
Mayor
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PLANNING COMMISSION
25 Aupuni Stroet, Room 109 • Hilo, FLw•~ii %720.252
(808) %48288 P~: (808) %l-%IS
rMAl2 1 k7~a
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 Ordinance No. 92-123 (REZ 728)
Applicant: Kapoho Properties
Request: Amendment to Condition B (Secure Final Subdivision Approval)
Tax Map Key: 1-7-17.3
The Planning Commission, after a duly held public hearing on February 27, 1997, voted to
recommend for your approval the proposed legislative bill to amend Condition B (secure final
subdivision approval) of Change of Zone Ordinance No. 92-123 which changed the district
classification for approximately 45.945 acres of land from Agricultural-20 acre (A-20a) to
Agricultural-1 acre (A-la). The property is located at the northwestern corner of the Hawaii
Belt Road-Huina Road intersection, Olaa Reservation Lots, Olaa, Puna, Hawaii.
The Commission concurs with the following Planning Director's reasons for recornmending
favorable consideration of the request:
The applicants secured a change of zone for the subject property from A-20a to
A-la, effective November 5, 1992. Subdivisions plans were submitted to the Planning
Department for the 40-lot "Kurtistown Heights Subdivision" on December 29, 1992.
Tentative Subdivision Approval was secured on February 10, 1993, with Final Plat
Maps submitted on February 9, 1994. The applicants requested an administrative
extension of time to Condition B (Secure Final Subdivision Approval) until
February 10, 1997, reasons being that the present economic cycle slowed the final
stages of the project. In particular, the applicant stated that lenders require that
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
financing and bonding of the project occur upon satisfaction of preliminary sales
quotas.
Although Final Subdivision Approval should have been secured by
February 10, 1997, the applicant is requesting an additional extension of time to meet
this requirement. The applicant has stated that the present economic cycle has created
problems for the development which affected demand, value and their ability to finance
the required improvements. Based on the above chronology, the applicants have shown
effort to complete the development by securing Tentative Subdivision Approval.
Non-performance by the applicant is the result of several conditions that were beyond
the control of the applicant and has not been the result of fault or negligence. Further,
the granting of a time extension for two (2) years to secure Final Subdivision Approval
would not be contrary to the General Plan, Zoning Code or the original reasons for
granting this change of zone.
For your favorable consideration, an amendment to Section 25-103, the Puna District Zone
Map, of the County Zoning Code is transmitted.
We are enclosing a copy of the request and a copy of the staff background for your
information.
Sincerely,
~ .
Kevin M. Balog, Chairman
Planning Commission
AK: syw
LKapoh02.PC
Enclosures
cc: Mr. Vern Yamanaka
Department of Public Works
Department of Water Supply
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways Division, Honolulu
Bkapho0l. skg-2/ 18/97
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
KAPOHO PROPERTIES
CHANGE OF ZONE ORDINANCE NO. 92-123 (REZ 728)
AMENDMENT TO CONDITION B (SECURE FINAL SUBDIVISION APPROVAL)
KAPOHO PROPERTIES have submitted a request for amendment to Condition B
(Secure Final Subdivision Approval) of Change of Zone Ordinance No. 92-123, which
changed the district classification for approximately 45.945 acres of land from Agricultural-
20 acres (A-20a) to Agricultural -1 acre (A-la). The property is located at the Northwestern
comer of the Hawaii Belt Road-Huina Road intersection, Olaa Reservation Lots, Olaa, Puna,
Hawaii, TMK: 1-7-17:3.
BACKGROUND INFORMATION
1. Change of Zone Ordinance No. 92-123: The County Council approved the request
for rezoning TMK: 1-7-17:3 from A-20a to A-la, effective November 5, 1992. The
applicant proposes to subdivide the property into 40 lots having a minimum lot size of
one acre. (See Exhibit A)
2. Subdivision Application No. 93-7: Subsequent to the change of zone approval, on
December 29, 1992, the applicant submitted subdivision plans for the 40-lot
"Kurtistown Heights Subdivision". Tentative Subdivision Approval was secured on
February 10, 1993. Final Plat Maps were submitted on February 9, 1994.
3. Administrative Extension of Time to Condition B: By letter dated January 5, 1995,
the applicants requested an administrative extension of time to comply with
Condition B, secure Final Subdivision Approval. According to Change of Zone
Ordinance No. 92-123, Final Subdivision Approval should have been secured within
two years of receipt of Tentative Subdivision Approval or February 10, 1995.
Reasons for the extension request were due to the present economic cycle in slowing
the final stages of the project. The applicant stated that lenders require that financing
and bonding of the project occur upon satisfaction of preliminary sales quotas.
Additional time was needed to meet this requirement. By letter dated
January 31, 1995, the Planning Director granted a one year extension of time until
Att. C-217 (Bill 65)
February 10, 1997 to secure Final Subdivision Approval.
4. New Zoning Code (Adopted December 7, 1997): According to the new Zoning
Code, effective December 7, 1997, there are no longer references to zoning
designations of A-la to A-4a. However, since this change of zone request was
approved in 1992, the proposed lots would be established as non-conforming lots.
APPLICANT'S REQUEST
5. Applicant's Request: The applicant has submitted a request for an additional
extension of time to Condition B, by letter received November 5, 1996. Reasons
being that the present economic cycle has created problems for the development which
affected demand, value and their ability to finance the required improvements. (See
Exhibit B).
AGENCIES -COMMENTS
6. Department of Health (See attached Exhibit C -December 23, 1997 Memo)
7. Department of Water Supply (December 24, 1996 Memo):
"We have reviewed the subject request. The property has a water commitment for 39
additional lots that will expire on March 31, 1997."
8. Department of Public Works (December 27, 1996 Memo):
"We have reviewed the subject request and have the following comment.
i. The subdivision construction plan was approved by DPW on April 4, 1994.
DPW requires construction plan re-certification three (3) years after the date of
approval. "
Should you have any questions, please contact Casey Yanagihara at 961-8327.
9. ire Department (December 27, 1996 Memo):
"We have no objections to the above-referenced Change of Zone Ordinance."
10. Real Property Tax Office (December 30, 1996 Memo):
"There are no comments at this time."
11. Police Department (January 2, 1997 Memo):
"We have reviewed the above change of zone and do not foresee any adverse effects
should it be granted. "
12. State Department of Transportation -Highways Division (January 8, 1997 Memo)
"We have no objections to this application for time extension."
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o,
COMMUNITY COMMENTS
13. No comments or objections were received from the community.
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o'
COUNTY OF riAWAII. STATE OF HAWAII
• BILL NO. 6 6 9
(Araft 3)
ORDINANCE NO. 92' 123
AN ORDINANCE AMENDING SECTION 25-103 (PUNA DISTRICT ZONE MAP)
ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO
AGRICULTURAL (A-la) AT OLAA, PUNA, HAWAII, COVERED BY TAX MAP
KEY 1-7-17:3.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-103, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of properties described hereinafter as
follows:
The district classification of the following area
situated at Ol.aa, Puna, Hawaii, shall be Agricultural (A-la):
Beginning at the northwest corner of this parcel of land,
also being the northeast corner of LOT 11-A (portion of
Grant 3978 to L. Turner) on the south side of South Road,
the coordinates of said point of beginning referred to
Government Survey Triangulation Station "OLAA" being
271.71 feet south and $14.55 feet west and running by
azimuths measured clockwise from true south:
1. 274° 45' 1,145.33 feet along South Road;
2. 23° 50' 100.29 feet along Volcano Road;
3. 94° 45' 128.51 feet along Grant 10703 to
Wataru Kuritani and Natsue
Kuritani and Government
Land;
4. 23° 20' 913.03 feet along Government Land
and Grant 8200 to Keaau
Land and Planting Company,
Ltd.;
Exhibit A
5. 293° 40' 113.18 feet along Government Land
and Grant 10902 to Shigeo
' Kan;
6. Thence along Volcano Road on a curve to the right
with a radius of 2,824.79 feet, the chord azimuth and
distance being:
25° 41' 19" 100.05 feet;
7. 113° 40' 108.38 feet along Grant 12516 to
Tsugimi and Sachiko
Nagasako and Government
Land;
8. 23° 20' 128.00 feet along Government Land;
9. 33° OS' 400.00 feet along Grant 8200:2 to
Keaau Land and Planting
Company, Ltd. and Grant
10742 to Olaa Sugar
Company, Ltd.;
10. 18° 05' 136.29 feet along Grant 10742 to
Olaa Sugar Company, Ltd.;
11. 298° 50' 45.12 feet along Grant 10742 to
Olaa Sugar Company, Ltd.;
12. Thence along Volcano Road on a curve to the right
with a radius of 2,824.79 feet, the chord azimuth and
distance being:
41° 18' 36" 92.68 feet;
13. 42° 15' 166.99 feet along Volcano Road;
14. 132° 15' 191.00 feet along Lot 10-C-1 and
Lot 10-C-2;
15. 42° 15' 308.92 feet along Lot 10-C-2';
16. 103° 55' 504.46 feet along Huina Road;
17. 122° 08' 148.99 feet along Huina Road;
18. 204° 56' 04" 1,988.42 feet along Lot 11-A to the
point of beginning and
containing an area of
45.945 acres.
-2-
All as shown on the map attached hereto, marked
Exhibit "A" and by reference made a part hereof.
SECTION 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) subdivision plans shall be
submitted to the Planning Department within one year from the
effective date of the change of zone. [The plans to be
submitted shall indicate a 30-foot wide future road widening
easement along the property's entire South Road frontage,
exclusive of its access connection. ]The plans shall indicate
a "no access" planting screen easement along the Hawaii Helt
Road frontages of Lots 6, 35 and 36. Final Subdivision
Approval shall be secured within two years from the date of
receipt of Tentative Subdivision Approval;[ (C) a Traffic
Impact Analysis Report (TIAR) shall be prepared for the
proposed development, if required, for the review and approval
by the Departments of Transportation and/or Public Works, prior
to the submittal of plans for subdivision review; J([DJ~) the
applicant shall provide channelization improvements at the
intersection of the Hawaii Helt Road and [Huina]South Road in a
manner meeting with the approval of the Departments of
Transportation and Public Works, prior to securing Final
Subdivision Approval. This requirement may be satisfied
through the execution of a bond with the County to ensure the
-3-
construction of these improvements; ([E]p) interioi subdivision
access roadways shall meet with the approval of the Department
of Public Works. Access shall not be permitted directly onto
the Hawaii Belt Road and Huina Road A a o h orooo~P~
lots shall be via a 60-foo rich o way on the ;¢t;nrt o,th
Road right-of-wav fronting the subi rr oroo r*~ Tha nor ion
9~ mouth Road shall be improved to o,nrv d diraF~la andards
up to a length of 450 feet from h B i* HiQhwav Lind along
the balance of th bi r* roperty fronting o,th Road shal]
be set aside and d i;npa*a~ on the subdivi ion plan o allow
for a future 60-f~~* wide road in ive of ha xis ino South
Road right-of-wgy; ([F]~) access to the subject property shall
meet with the approval of the Departments of Transportation and
Public Works.[ The applicant shall provide off-site
improvements to that portion of Huina and South Roads fronting
the subject property as may be required by, and meeting with
the approval of, the Departments of Transportation and/or
Public Works]; ([G]~) drainage improvements, if required, shall
be provided in a manner meeting with the approval of the
Department of Public Works, prior to securing Final Subdivision
Approval of the proposed development; ([H]G) restrictive
covenants in the deeds of all the proposed lots shall prohibit
the construction of a second dwelling unit on each lot. A copy
of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Department for
-4-
e
review and approval prior to final subdivision approval. A
copy of a typically recorded covenant shall be filed with the
Planning Department within one year from the date of final
subdivision approval; (H) should any unidentified sites or
remains, such as artifacts, shell, bone or charcoal deposits,
human burials, rock or coral alignments, pavings or wall 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) all other applicable laws, rules,
regulations and requirements shall be complied with[, including
those of the Departments of Health, Transportation and Public
Works]; (J) should the Council adopt a Unified Impact Fees
ordinance setting forth criteria for the imposition of
exactions or the assessment of impact fees, conditions included
herein may, at the applicant's election, be satisfied by
performance in accordance with the requirements of the Unified
Impact Fees Ordinance; (K) an annual progress report shall be
submitted to the Planning Director prior to the anniversary
date of the effective date of the Change of Zgne. The report
shall include, but not be limited to, the status of the .
development and to what extent the conditions of approval are
being complied with. This condition shall remain in effect
until all of the Conditions of approval have been complied and
-5-
the Panning Director acknowledges that further reports are not
required; and, (L) an initial 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; 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;
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 within one year may be extended for
up to one additional 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.
SECTION 3. in the event that any portion of this
ordinance is declared invalid, such invalidity shall not affect
the other parts of this ordinance.
-6-
o
SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
COUNCIL MEM ER, C NTY OF HAWAII
Hilo, Hawaii
Date of Introduction: October 21, 1992
Date of 1st Reading: October 21, 1992
Date of 2nd Reading: November 5, 1992
Effective Date: November 20, 1992
APPROVED AS TO FORM AND LEGALITY:
DEPt~Tt. COR TION COUNSEL
DATE:
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AMENDMENT TO THE ZONING CODE .
AMENDING SECTION ~.5-103 (PuNA D15TRICT ZONE MAPS
ARTICLE 3, Gi'IAPTEIQ ~5 (ZONiNL3 CODE) OF THE HAWAII
COUNT7' CODe !37' CI-?ANGING THE DISTRICT CLA551PICA-
T10N FROM AGRICUL"?'LtRAL (A-too) TO AGRICULTURAL
(A-la) AT OLAA, PUNA, HAWAII_
P?REPAREO B7' pL-ANN1N6 T~EPARTM+=I~iT
GoUfYT7 dP HRY~1R11
TMK=t-7-17=3 JUVY I, i°~?eJ~
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1-
Y~INIflNBKfl ENTERPRI. S, INC.
November S, 1996
'96 ~~OU 7 P19 ~ ?2
Ms. Virginia Goldstein,
Planning Director
County ojHmvaii
Planning Department
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
?R. !'king., ,~~a..~ /1rdjH~pr~?~~n 41-123 /D F7 ~7Di
Applicant: Kapolto Properties
Request: A-20a to A-l a
Tar Mnn Key: 1-7-U•03
Dear Ms. Goldstein,
We would like to fnke this meatrs to request nn additiwrnl extension at the above described change
of a zone.
The present economic cycle has created n number of
problems for the development. The economy
has affectual demand, value and ultimately our ability to frnance the required improvements.
We tivould like to request an exterrsiort for another nvo (2) years to complete the project. If it is
necessary to gain County Co:rrrcil approval for an extension tire would request that your offrce
schedule as for that process sometime in 1997 after our February deadline.
We will look forward to hearing from yo:r.
.cht,, .~l)'
Yern amanaka
VY.•sdnr
xc: hnrsen, Dcrnid
Moore, Gl'illia;n
r/g.L1J:i~fJup-.stuuiun-dh._wp6-Y6./1 1 } 7h.`.~
Exhibit B ` ~j y~
~~LF K».:.-'~:::u-..aa.u.n..a':.an..>.w.'.e~'.var.x'a::.avsvv't...v~..^a:-~:v.mv ua
THE HILO IRON WORKS BUILDING 1266 Kamehameha Avenue Hilo. Hawaii 96720 Telephone: (808) 935-9766 Fax (808) 969-~ 733
' o
.L~ rose ~ i
BENJA.LIN J. CAVETANO f. ~ LAWRENCE MANE
GOVERNOR
} ~ OIq ECTOR OF ~_q_ _
40
a~e~~~.
STATE OF HAWAII
DEPARTMENT OF HEALTH
a.o. Box sus _
HILO, HAWAII 96721-0976 . r-
_ ~ f
_
i
DATE: December 23, 1996 -
TO: Planning Director, County of Hawaii
FROM: District Environmental Health Planning Chief
SUBJECT: Change of Zone Ordinance No. 92-123 (REZ 728)
Applicant: Kapoho Properties
Request: Amendment to Condition B
(Secure Final Subdivision Approval)
Tax Map Kev: 1-7-17:13 Kurtistown Heights
The subject lots are located in the Critical Wastewater Disposal
Area where cesspools are restricted for lot sizes less than one (1)
acre and within 100-year flood plan. Developments within a
restricted area will require all wastewater be disposed into a
septic tank system.
Underground Injection Systems (Ph. 586-4258) which receive
wastewater or storm run-offs from the proposed development need to
address the requirements of Chapter 23, Hawaii State Department of
Health Administrative Rules, Title 11, "Underground Injection
Control."
The applicant should contact the Army Corps of Engineers (COE) to
identify whether a Federal permit (including a Department of Army
(DA) permit) is required for this project. A Section 401 Water
Quality Certification (WQC) is required for "Any applicant for
Federal license or permit to conduct any activity including, but
not limited to, the construction or operation of facilities, which
may result in any discharge into the navigable waters...", pursuant
to Section 401(a)(1) of the Federal Water Pollution Act (commonly
known as the "Clean Water Act (CWA)").
If the project involves the following activities with discharges
into State waters, an NPDES general permit is required for each
activity:
Exhibit C
^~~0
Planning Director
County of Hawaii
December 23, 1996
Page 2
a. Discharge of storm water runoff associated with
construction activities, including clearing, grading,
and excavation that result in the disturbance of equal to
or greater than five (5) acres of total land area;
b. Construction dewatering effluent;
c. Non-contact cooling water;
d. Hydrotesting water; and
e. Treated contaminated groundwater from underground storage
tank remedial activity.
The application for NPDES general permit coverage should be
submitted to the Director at least 30 days prior to the discharge
to State waters.
If there is any type of process wastewater discharge from the
facility into State waters, the applicant may be required to apply
for an Individual NPDES permit. The application for an Individual
NPDES permit should be submitted to the Director at least 180 days
prior to the discharge of process wastewater to State waters.
Should you have any further questions regarding this matter, please
contact the Engineering Section of the Clean Water Branch in
Honolulu at (808) 586-4309.
AARON UENO
WP5I:REZ728.mi
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YAMflNAKfl ENTERPRIS~3. INC.
November 5, 1996
'96 NOU 7 , FPi 2 12
CCUNTY CF fi:;4~lAll
Ms. Virginia Goldstein,
Planning Director
County of Hawaii
Planning Department
25 Aupuni Street, Room 109
Hilo, Hawaii 96720-4252
Ri:. Chang., ~°Za..z nr~rn^res Na 9?_.123 IRF.? 72°)
Applicant: Kapoho Properties
Request: A-2Oa to A-1 a
Tax MnD Key: 1-7-17: 03
Dear Ms. Goldstein,
We would like to take this mecnrs to request an additional extension on the above described change
of a zone.
The present economic cycle has created a number of
problems for the development. The economy
has affect:ral demand, vahre arrd ultimately our ability to finance the required improvements.
We would like to request an extension for another two (2) years to complete the project. If it is
necessary to gain County Co:rrrcil approval for mt extension time would request that your office
schedule us for that process sometime in 1997 after our February deadline.
We will look forward to hearing from yotr.
Sirr: • • •ly
Vern dmanaka
i7.'sdm
1 xe: Larsen, David
Moore, WilUaat
ap.8.,ur:~.mv++*.~..tu~_~ma-vain 1~~ ~ C~`~
THE HILO IRON WORKS BUILDING 1266 Kamehameha Avenue Hilo. Hawaii 96720 Telephone: (808) 935-9766 Fax (808) 969-1783