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Home My WebLink AboutCOM 0298.000 2002-2004 JNiV 01 y,~ 00.• I~ ~ Harry Kim Christopher J. Yuen Mayor ..h,'~ oi.M''tlr 1 LJJ '03 JUL 25 ~~Tt~~nuto Oepury D~recmr ~~u~xn~'g ~ttfirttrt tour ; PLANNING DEPARTMENT COUNT v ~ n= N,~.WAII 101 Pauahi Street, Suite 3 Hilo, Hawaii 9672(3-3043 (808)96L-8288 Fax(808)961-8742 July 22, 2003 Mr. James M. Leonard, ATCP 101 Aupuni Street Hilo Lagoon Center, Suite 310 Hilo, Hawaii 96720-4276 Dear Mr. Leonard: Change of Zonc Ordinance No. 98-129 (RFZ 904) Applicant: Hawaiian Development Corporation (HDC) Subject: Request for Clarification Tax Map Key: 7-5-003: Portions of 006 and 007 This is in response to your letter dated July 11, 2003 requesting a clarification of the word "construction" in Condition E of Change of Ordinance No. 98-129 (REZ 904). Your request is to clarify whether "construction" is interpreted as construction or bonding of the roads and infrastructure required for the Subdivision Approval or if it refers to the building and site construction within the individual commercial lots, the timing of which HCD has little control. We will interpret the meaning of "construction", as being the completion of construction of the Lowe's Home Improvement Warehouse including the roads and infrastntcture required. Final Plan Approval was issued on February 13, 2001. The effective date of Ordinance 98-129 (REZ 904) was December 7, 1998 and "construction" of the proposed development shall be completed by December 7, 2003. According to Condition P of Ordinance 98-129 (REZ 904), an initial extension of time for the performance of conditions within the ordinance may be granted by the Director based on certain circumstances. Crnnm. fJo. 29g Ref. •a. Ref. Date ~ 5 ~(i(17 Mr. James M. Leonard, AICP Page 2 July 15, 2003 If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, CHR[STOPHEIZJ. YL'EN Planning Director JWD:pak p wpwm60Aje~~lettersVLLcunard-K PZ904-(lmdh doc cc w/letter: Hawaii County Council Planning Commission Planning Department-Kona a' i'~: July 11, 2003 q f~ [ LAND PE.ANNING ~ I ,1 ,JQ c^vo,<^Pt^'~~~°~~""'"E Mr. Christopher J. Yuen, Director I3N VIRON MENTAL STUDIES Planning Department I''. i County of Hawaii V.~ l 101 Pauahi Street, Suite 3 wm. re^rvx Be.vanT, NASEA Hilo, HI 96720 C ~HA[RMAN ~n1oMAEs.w~„rrv.ASEA SUBJECT: ORDINANCE NO. 98-129, CONDITION E PRESIIIEN( REQUEST FOR CLARIFICATION a. sT^N uorvc ^rv,ASI.a DEVELOPER: Hawaiian Development Corporation (HDC) E%LCVT/VH VlC E'-~'ftFS1LENI TMK: (3)7-5-3: Portions of 06 and 07 RusseEE Y.l. Clnm~q ASLA E%F~C!)T(VL N)CE-F/(FSIDENT Dear Mr. Yuen: J:,MES LEON,UtO, ~ucP Hawaiian Development Corporation (HDC) is in the process of completing the M,w^>rN~~~k~:~~R final requirements in obtaining Final Subdivision Approval for the Mohala Kona xr.o orFa e Village project. As you know, one of the conditions of Final Subdivision Approval v~rvcsrrr s,uor:xuN] is that HDC comply with the condition of Change of Zone Ordinance No. 98-129. SHNIOR ASTOC(ATL In this regard, HDC seeks clarification with regards to Condition E of the subject Gann~r MORAKAMI, AICP Assocfarc Ordinance. Condition E states: "Construction of the proposed development shall be completed within five (5) years from the effective date of this Ordinance. Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts laorvu,o~uoFFFCe to adjacent properties." 1001 BisH6v S~xeE'1' Pncuac TowFx,~sm're US° The effective date of Ordinance 98-129 was December 7, 1998. Therefore, forvoc~u,( 08 g)52Lg631 3429 rnx: (sos)szs-laoz unless an extension of time were granted, Condition E would need to be met on Mmc sysadmir~Cn~pbrhawaii.com or before December 7, 2003. We take the word "construction" in the above condition to mean construction or "F`'oOx""` bonding of the roads and infrastructure required for the Subdivision Approval and 101 AInuM STRHET ,,~.~,.~,~>orvcarvreaSmTE310 does not refer to the building and site construction within the individual Hu.o, 41nw.v9 967204276 ~ caos)961-3x33 commercial lots, the timing of which HDC has little control. Nati~: (808)961-4989 E-M11au.: pbrhil ~@lava.nzt {V4ILUKU OFFICE 2i23 KAOFll $TRLET WAILUKU, Hnwu'~ 9 67 93-2 21W Y5c (808) 242-2878 N.ix : (808) 242-2903 ~ ~F P-Mra: pbmieui@]ava nel Mr. Christopher J. Yuen. Director SUBJECT: ORDINANCE NO. 98-129, CONDITION E; REQUEST FOR CLARIFICATION; DEVELOPER: Hawaiian Development Corporation (HDC); TMK: (3)7-5-3: portions of -6 and -7 July 11, 2003 Page 2 Thus, we understand that Condition E will have been met with the completion of construction or bonding of the subdivision related infrastructure or receipt of Final Subdivision Approval prior to December 7, 2003, or subsequent date as approved by the Planning Director. Should you concur with the above, we ask that you indicate so by affixing your signature and date of signature in the space indicated below. We greatly appreciate your assistance in this regard. Sincerely, PBR HAWAII 1~ ~ f Jam'!%''~ _ - - ,,.'JAMES M. LEONARD, AICP Principal -Hilo Office ICONCUR: Date: CHRISTOPHER J. YUEN, DIRECTOR Planning Department County of Hawaii Sub Ltr CVuen-Good E Clarification Request