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Home My WebLink AboutCOM 0555.000 2002-2004 „SY Of /4~ ,4 Harry Kim y Chriskopher J. Yuen Mayor Drrertar y~h'oi•M~'M~` Roy R. Takemoto Ocpurv Direcmr (t~uixttf~r lx~ ~ttftrtxit PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 March 9, 2004 Mr. James M. Leonard, AICP ~ n PBR Hawaii C ~ ~ 101 Aupuni Street Z Hilo Lagoon Center, Suite 310 ° Hilo, HI 96720-4276 -o 3 Dear Mr. Leonard: _ rv J Change of Zone Ordinance No. 98-129 (REZ 904) _ Applicant: Hawaiian Development Corporation (HDC) Subject: Compliance of Condition E and Administrative Time Extension Request Tax Map Key: 7-5-003: Portion of 006 & 007 Thank you for your letter dated February 27, 2004 requesting confirmation as to compliance with Conditions D and E of the above listed ordinance. We confirm that Condition E (construction completion) has been met based on the construction of Lowe's meeting the construction deadline of December 7, 2003. Although Final Subdivision Approval has been granted for the first increment, the second increment has only received Tentative Subdivision Approval. Based on the continued efforts to meet these conditions, we will allow an administrative time extension based on Condition P. Therefore, we will grant a 5-year time extension to December 7, 2008 to comply with Condition D (secure Final Subdivision Approval). We will be forwarding a copy of the submittal to the Planning Commission and the County Council. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely„ r `f i' ~ CHRISTOPYIIER J. YUEN Planning Director JWDamn P:\WPWIN60\JEFF\Letters\Time Ext\LLeonard-HDC-TER-REZ904-CondD&E.doc cc/ltr:.,Ilawaii County Council Planning Commission Planning Department-Kona Comm. No. ASS Ref. To:_ Ref. Dote 204 -'i ~ N I~ l~, ~l'I $ ~i i~r'' ! F'~~ February 27, 2004 LAND PLANNING ~ ' LANDSCAPE ARCHITECTURE ENVIRONMENTAL STUDIES 1 Mr. Christopher J. Yuen, Director ~ "_P~' r Planning Department County of Hawaii ~Jo: WM. FRANK BRANDY, FASLA 101 Pauahi Street, Suite 3 CNA/RMAN Hilo, HI 96720 TrIOMAS S. WIITEN, ASLA PRes/DENT SUBJECT: REQUEST FOR CONFIRMATION AS TO COMPLIANCE R. STAN DUNCAN, ASLA WITH CONDITIONS D AND E OF ORDINANCE NO. 98-129 E%ECUT/VE V/C'E-PRESIDEN? OWNER/DE VELOPER: HAWAIIAN DEVELOPMENT CORPORATION RUSSELL Y.I. Cxorva, ASLA TMK: (3)7-5-3: Portions of 6 and 7 EXECUTIVE VICE-PRES/DENT VINCENT SHIGEKUNI Dear Mr. Yuen: PRINCIPAL JAMES LEONARD, AICP As discussed with Mr. Jeff Darrow of our staff we are re uestin on behalf of PRNCIPAL Y , q g Hrzo ORFrcE - our Client, Hawaiian Development Corporation (HDC), confirmation that Conditions D and E of the subject Ordinance have been met. CIRAN,T ~vIURAItr~bti,.AICP ~~"'~°R^~'OC1A7~ In reference to HDC's compliance with Conditions D and E, which are reiterated Tw.+ScNNeu~,ATCA below, we note the following: ' lssaC/atk xn'~°i"#i`t`an;asLA "D. Final Subdivision A royal shall be secured within five 5 ears from AssocurE PP Y Kevti+TTISRIkAivA; ASLA the effective date of this Change of Zone Ordinance." A$$OCLaTE The effective date of Ordinance 98-129 was December 7, 1998. Five years from the effective date of the Ordinance would be December 7, 2003. In meeting the requirements of Condition D, HDC received Tentative Subdivision Approval on March 30, 2001, and Final Subdivision (No. 7403) for the first increment of the commercial development on May 2, 2001. A subsequent subdivision of the xDlvDiul,u ovmee commercial parcel is currently pending with the County, for which Final IOpI: s19(torsPQC~ p,,~,~~xt~(~xi5p SubdivisienP.ppreval is expected ir_ April of this year- HoN64U4f1. )3Xk~13p968}'3r3484., tk4cd$t1A~f4s~A4. p~>F: ts015 Iap~; "E. Construction of the proposed development shall be completed within hlaee $Y~~~~"~i'c°~ five (5) years from the effective date of this Ordinance. Prior to commencing construction, Final Plan Approval for the proposed ~ISU! o~T~~ development shall be secured from the Planning Director in accordance lp(AUPUiCe~rFr~sr with Cha ter 25-2-70 of the Zonin Code. Plans shall identif the HRA LA~+D(1'N ~'~NtE(t.6ult$Jro P g Y Hu.D, ttAyvAt'{$ei&4.disi~ - proposed structures, vehicular traffic, paved driveway access and parking -~k~: (&4$Yg§Ia3~93 FAx: (sb$i~957~ta$9 stalls associated with the proposed use. Landscaping shall also be E-NLay: abrrular~iava."" indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties." WAILLICU Qy~uCE 2123 KAdHU S7Rem' WAILUKU, i-iAwal`i 942p3-2204' TEL: ($68) 2d2-2858-. FAX :(80$}?42-2902 2-Mnrt.: pbrmhu3'f~la~a.hel - Mr. Cnristopher J. Yuen, Director SUBJECT: REQUEST FOR CONFIRMATION AS TO COMPLIANCE WITH CONDITIONS D AND E OF ORDINANCE NO. 98-129; OWNER/DEVELOPER: HAWAIIAN DEVELOPMENT CORPORATION; TMK: (3)7-5-3: Portions of 6 and 7 February 27, 2004 Page 2 The requirements of Condition E were clarified in a letter from the Planning Director dated 7/22/03 which states, in part: "We will interpret the meaning of "construction", as being the completion of construction of the Lowe's Home Improvement Warehouse including the roads and infrastructure 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." in meeting the requirements of Condition E, construction of Lowe's Horne Irprovement Warehouse, including the roads and infrastructure required for this project were completed on November 21, 2003. In light of the above we respectfully request your confirmation that Conditions D and E have been met. We appreciate your assistance in this regard. Please do not hesitate to call me at 961- 3333, should you require any further information regazding this request. Sincerely, PBR HAWAII JAMES M. LEONARD, AICP Principal -Hilo Office Cc: R. Wheelock J. Whitney Ltr_CYuen-ConditionD&E Compliance