HomeMy WebLinkAboutCOM 0738.000 2002-2004 `o't~t~-___ Nj~94
Harry Kim
Muror ~ • Christopher J. Yuen
1T~ O~.N'jlh
Roy R. Takemoto
Drpurv Director
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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
August 24, 2004
-
Steven S. C. Lim, Esq.
Carlsmith Ball LLP
121 Waianuenue Avenue _ c~
Hilo, HI 96720 = tv
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Dear Mr. Lim:
Change of Zone Ordinance No. 96 153 (REZ 734) `
Applicant: Bridge Aina Le'a, LLC ;
Request: Time Extension to Comply with Condition C
TMK: 6-8-1: Portions of 25 36 37 38 39 and 40
Thank you for your letter dated July 26, 2004 requesting a time extension to comply with
Condition C of the above listed ordinance.
Condition C of Ordinance No. 96 153 states that "Subdivision plans for any portion of the
subject property shall be submitted to the Planning Director and final subdivision
approval for the first residential subdivision shall be secured within five (5) years from
the effective date of the rezoning as determined in Condition B of this Ordinance. A
master plan of the subject property shall be submitted with plans for subdivision review."
We concur that the effective date of Ordinance No. 96 153 is September 21, 1999 based
on our letter confirming satisfaction of the water source for the project on this date.
Condition AA of Ordinance No. 96 153 states that "an extension of time for the
performance of conditions, except Condition B, within the ordinance maybe granted by
the Planning Department 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 applicant, its successors or
assigns, and that are not the result of their fault or negligence;
Comm. No.~
Ref. To:
Ref. Date &
Steven S. C. Lim, Esq.
Carlsmith Ball, LLP
August 24, 2004
Page 2
(2) granting of the time extension would not be contrary to the General Plan
or 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 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 C is granted until
September 21, 2009.
Please be informed, however, should you need an additional extension of time to comply
with Condition C, 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 fee] free to contact Jeff Darrow at 961-8288.
Sincerfly~
f .
CHRISTOPHER J. YUEN
Planning Director
JWD:smn
P:\WPWIN60\1EFF\Letters\'time Ext\LCarlsmitttBall-TER-Co~dC-REZ734.doc
cc w/copy ofletter-. Hawaii County Council
Planning Commission
Planning Department-Kona
Hawaii Cowtty is an Equal Opportunity Provider and Employer
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July 26, 2004
Christopher Yuen
Planning Director
Planning Department
County of Hawaii
101 Pauahi Street
Suite 3
Hi]o, Hawaii 96720
Re: Bridge Aina Le'a, LLC Change of Zone Ordinance No. 96-153 (REZ 734),
TMK (3) 6-8-OI:Portions of 25, 36, 37 38 39 and 40
Dear Mr. Yuen:
On behalf of Bridge Aina Le'a, LLC, and Banter, Inc., the owners of the above
real property, flris will request a time extension to Condition C of Ordinance No. 96-153.
Condition C provides:
(C) Subdivision plans for any portion of the subject property shall
be submitted to the Planning Director and final subdivision
approval for the first residential subdivision shall be secured within
five (5) years from the effective date of the rezoning as determined
in Condition B of this Ordinance. A master plan of the subject
property shall be submitted with plans for subdivision review.
The effective date of the change of zone in Ordinance No. 96-153 is September 21, 1999, the
date the Plalming Department confirmed satisfaction of the water source for the project.
This will request an extension of time to submit the subdivision plans, master
plan, and obtain final subdivision approval for the first residential subdivision from September
21, 2004 through and including September 21, 2009. Development of the Project has been
delayed due to litigation and other factors beyond the Applicant's control. The Applicant is
moving forward with the development of its master plan and wi]l submit its annual report to the
Planning Department as required under Condition 7, of Ordinance No. 96-153 on or before the
deadline of December 5, 2004.
IloNOw~u ~ KAPOLFl Iliw ~ Ko Nn ~ MAm ~ Gunm ~ SAmnrv ~ Los ANCFLLS
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Christopher Yuen
July 26, 2004
Page 2
Thank you for your attention to this matter. If you have any questions please feel
free to contact me.
Yours very truly,
CARLSMITH BALL LLP
.s
Steven S.C i
SSL/lny ~
cc: Bridge Aina Le'a, LLC /Banter, Inc.
Tom Yamamoto
4R91.I fi96.9Ut j.~