HomeMy WebLinkAboutCOM 0556.000 2002-2004 MtY OF M1
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Director
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PLANNING DEPARTMENT
I01 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
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March 9, 2004 O n ~ _
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Mr. William L. Moore
William L. Moore Planning _ ~
159 Halai Street - rv -
Hilo, HI 96720 ~ -
Dear Mr. Moore:
Change of Zone Ord. No. 98 36 (REZ 883)
Applicant: Mike J. Prohoroff
Subject: Administrative Extension of Time
Tax Man Kev: 5-4-006:021 & 036
This is in response to your letter dated March 3, 2004 requesting an administrative extension of
time in accordance with provisions of Condition O to comply with the Condition C (secure Final
Subdivision Approval) of Change of Zone Ordinance No. 98 36 (REZ 883). Condition O allows
for an administrative time extension for a period not to exceed the period originally granted.
According to the letter submitted, there is reasonable and sufficient justification to allow for a
time extension. Therefore, we will grant a 5-year time extension to April 23, 2008 to comply
with Condition C.
Should you have any questions regarding this matter, please contact Jeff Darrow at
961-8288.
Sincerely,
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CHRISTOPHER`J. YUEN
Planning Director
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WILLIAM L. MOORS PLANNING
159 HALM STREET
HILO,HAWAII 96720 `''~g t) ~
(808) 935-0311/Fax (808) 934-0162
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March 3, 2004 ,
Christopher J. Yuen, Director
County of Hawaii
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720-3043
Dear Mr. Yuen:
Subject: Change of Zone Ordinance No. 98-36
Applicant: Mike J. Prohoroff
TMK: 5-4-006: 021 & 036
Change of Zone Ordinance No. 98-36 rezoned approximately 10.13 acres of land from Single
Agricultural (A-20a) and Single Family Residential (RS-15) to Single Family Residential -10,000
square feet (RS-10), allowing development of an approximately 34 unit development. The
effective date of this Ordinalce was April 23, 1998.
The Change of Zone was granted subject to certain conditions of approval, including, Condition
C which stated:
Final Subdivision Approval of the proposed subdivision within the subject property shall
be secured from the Planing Director within five (5) years from the effective date of this
ordinance.
Condition O of Ordinance No. 98-36 further provided that the Planning Director may grant an
initial time extension for the performance of condition, under certain circumstances, provided that
the time extension granted shall be for a period not to exceed the period originally granted for
performance.
In accordance with the requirements of the Change of Zone, Mr, Prohoroff diligently pursued
securing final subdivision approval for this development, including the following:
Item Action Date
1 Payment of water commitment fees in accordance with B. April 23, 1998
2 Secured PUD No. 58 allowing the development of the 34 lot July 27, 1998
development with certain variance from the Zoning and Subdivision
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Code.
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Christopher J. Yuen
March 3, 2004
Page No. 2
3 Secured Tentative Subdivision Approval April 13, 1999
4 Secured construction plan approval for the required subdivision March 21, 2000
improvements
5 Wes Thomas Associates, Surveyor submitted a request for a time September 24, 2002
extension from the Subdivision Code requirements for the submittal
of the Final Plat Map.
6 Planning Department granted time extension request for the December 16, 2002
submittal of the Final Plat Map and compliance with the
requirements of Tentative Subdivision Approval until April 13,
2004.
At this time, Mr. Prohoroff is actively pursuing completion of the subdivision requirements, including
securing a bond for the required improvements as well as complying with the required conditions of
approval of Ordinance No. 98-36 and PUD No. 58.
We recently discovered that while a time extension request for the compliance with the Subdivision Code
requirements was requested and granted, Mr. Prohoroff and Wes Thomas Associates inadvertently did not
also request an extension to comply with Condition C or Ordinance No. 98-36. Accordingly, we are
hereby requesting that a five (5) year time extension from the original compliance date of Apri123, 2003,
be granted to comply with the requirements of Condition C, that Final Subdivision Approval for the
proposed development be secured, based on the following reasons:
1. As evidenced by his prior actions, Mr. Prohoroff has been working diligently in pursuing
development of the proposed 34 unit residential project including securing approval of his
construction plans. However, because of market conditions related to the extended
recession Hawaii had been experiencing he were not able to proceed with the actual
construction of the project. The real estate market has improved in the past year and he
is now actively pursuing securing Final Subdivision Approval.
2. The granting of this time extension request will not be contrary to the General Plan or the
Zoning Code. The proposed project is consistent with the General Plan which encourages
the maximization of choose of single-family residential lots and/or housing for residents
of the County.
3. The granting of the time extension is not contrary to the original reasons for the granting
of the change of zone request. The reasons for the approval of the original change of zone
request included that the proposed uses are consistent with the General Plan Land Use
Pattern Allocation Guide map, that the area is well served by existing and proposed
infrastructure and that there are no topographic or geologic problems associated with the
area. Furthermore, the existing RS zoning is compatible with surrounding residential
activities along Akoni-Pule Highway and Kynnersly Road. These conditions have not
changed.
Christopher J. Yuen
March 3, 2004
Page No. 3
We appreciate your consideration of this matter and apologize for the delay in submitting this time
extension request. Please call me if you have any questions or require any additional information on this
matter.
Sincerely,
William L. Moore
cc: Mike Prohoroff