HomeMy WebLinkAboutCOM 0449.000 2002-2004 ,ptr os p~~.
(l~_(
Harry Kim i 4 ~ OChristopher J. Yuen
Mayor •03 DEC 29 g 55 Director
•r~lf 01 M'me'
COpM~P: i ~ Roy R. Takemoto
COUN7`~~ ~ ~-IL,,~f,(~~l Dei>aN Direcfnr
~nixnt~r of ~.ufuztit
PLANNING DEPARTMENT
101 Pauahi SUee[, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
December 26, 2003
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
75-5749 Kalawa Street
Kailua-Kona, HI 96740-1818
Dear Ms. Yamasaki:
Change of Zone Ordinance No. 99 22 (REZ 906)
Applicant: Dianne Jamieson-Feeney
Request: Administrative Time Extension
Tax Map Key' 6-4-002:003
Thank you for your letter dated December 11, 2003 requesting a time extension to
comply with Condition D of the above listed ordinance.
Condition D of Ordinance No. 99 22 states "Final Subdivision Approval of the proposed
agricultural subdivision shall be secured from the Planning Director within five (5) years
from the effective date of this ordinance."
The effective date of Ordinance No. 99 22 is February 28, 1999. Our records indicate
that the first phase of the subdivision has been completed and phase two has been
submitted for review and approval.
Condition L of Ordinance No. 99 22 states "an initial extension of time for the
performance of conditions within the ordinance maybe granted by the Planning Director
upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
forseen or are beyond the control of the applicants, its 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 Zoning Cade. 9
Comm. No.
Ref. To:
Ref. L'pte ~ 3 U
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
December 26, 2003
Page 2
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 the performance (i.e., a condition to be performed
within one year maybe extended for up to one additional year).
The Planning Director has determined that non-performance is a result of conditions that
could not have been foreseen and not a result of fault or negligence. Further the granting
of an additional five (5) year extension of time would not be contrary to the General Plan
or Zoning Code, nor the original reasons for granting the change of zone. Therefore, a
five (5) year extension of time to comply with Condition D is granted until
February 28, 2009.
Please be informed, however, should you need an additional extension of time to comply
with Condition D, your request and reasons, along with 20 copies of that request shall be
forwarded to the Planning Commission with a $250 filing fee. A public hearing will be
held by the Planning Commission, who will forward their recommendation to the County
Council.
If you have any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincerely,
CHRISTOPHER J. YUEN
Planning Director
JWDamn
F:\WPWIN60UEF/F\Letters\Time Ext\LThomas-REZ906-TER.doc
cc w/attach: ?Hawaii County Council
Planning Commission
West Hawaii Office
I )
?i~Q3 ~~C .1 ~ r
WES THOMA~^,j/~I~SOCIA~S3 y~
- GV,Ji . ~ I L~9ENT
#14312.3 i
December 11, 2003
Mr. Christopher J. Yuen, Director
Planning Department
County of Hawaii
101 Pauahi St, Ste 3
Hilo, Hawaii 96720
RE: ZONE CHANGE-TIME EXTENSION REQUEST
ORDINANCE 99-22
Change of Zoning tfesignation to A-5a
at Puukapu, Waimea, South Kohala, Hawaii
TMK: 6-4-002: por 003 (3rd Division)
Dear Mr. Yuen:
The owners of the subject parcel have recently completed the first phase of the
Subdivision for the subject parcel. The second phase has been submitted for tentative
review and approval.
However, they find that they are in need of additional time for the preparation of the
necessary construction drawings and subsequent survey work. As such, we respectfully
request an extension of five (5) years in which to complete the plans and requirements.
If you have any questions, or need any additional information, please feel free to contact
the undersigned at 329-2353.
Very truly yours,
WES THOMAS ASSOCIATES
C~~~t`~~'y~ ~ ~
Chrystal Thomas Ya aki, L.P.L.S.
CTY:tn aJ ~~5~c:
cc: Dianne Jameson Feeney
75-5749 KALAWA STREET, KAILUA-Kohn, Hnwnii 96740 TES 808.329.2353 Fax 808.329-5334
email: surveys®wtahawaii.com website: www.wtahawaii.com
Z