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HomeMy WebLinkAboutCOM 0863.000 2002-2004 ,I OF k9 Harry Kim Christopher J. Yuen Mayor Director qrF OF NP~ Roy R. Takemoto Deputy Director Cnuuztf~ ~f ~ttfutttt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 (808) 961-8288 F Fax(808)961-8742 November 5, 2004 r-. Mr. Thomas E. Heers, President The Trees of Kukuihaele P.O. Box 5133 Honokaa, HI 96727 Dear Mr. Heers: Change of Zone Ordinance No. 01-022 (REZ 960) Applicant: Trees of Kukuihaele, LLC Subject: Time Extension Request Tax May Key: 4-8-006:003,013 & 044 Thank you for your response letter dated October 18, 2004 regarding the request for a time extension to comply with Condition Q of Change of Zone Ordinance No. 01 22 (REZ 960). Condition Q of REZ 960 states: "As represented by the applicant and in the Change of Zone Ordinance No. 94-63, lands behind the Tiger Camp (TMK: 4-8-06: Portions of 44), shall be consolidated and resubdivided and deeded to the respective lot owners within two (2) years from the effective date of this ordinance. This requirement shall be credited against Condition N." Condition W ofREZ 960 states: "An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen 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.-Ikl- Ref. To: Ref. Date NOV 7-70W Mr. Thomas E. Heers, President The Trees of Kukuihaele Page 2 November 5, 2004 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 may be extended for up to one additional year). 5. If the applicants should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 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 two (2) 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 two (2) year extension of time to comply with Condition Q is granted until March 6, 2005. Please be informed, however, should you need an additional extension of time to comply with Condition Q, 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 JWD:smn P:AWPWIN60UEFF\Letters\Time Ext\Llleers-TER-REZ960-CondQ(2).doc cc w/attach: 4-Iawaii County Council Planning Commission Hawaii County is an Equal Opportunity Provider and Employer - T R S OF K U K U I H A E L E, L_ October la, zooa ITH FT 20 P('? 2 14 rl_-' i Ei'~1 f County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, IIawan 96720-8742 Dear Christopher J. Yuen: Change of zone ordinance no. 01-22 (REZ 960) Applicant: Trees of Kukuihaele, LLC Subject: Condition Q on change of zoning ordinance NO. 01-22 (REZ 960) Tax Map Key: 4-8-006:003, 013, 044 (Has since been subdivided and reconsolidated to 4-8-006:13, 69, 44) Thank you for your response to my letter dated July 27~ 2004. You have asked us to respond to three questions under condition W Question #1: The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant successors or assigns, and that is not the result of their fault or negligence. Answer: Because of 9-11 we were not able to obtain financing to go forward with the project in a timely manner. The Banks were very concerned about future terrorist attacks on the airlines and their effect on projects such as ours. At this Lime it now looks very positive to obtain the financing possible to go forward. The cost of the surveying of Tiger Camp has proven to be very costly because the boundary lines have never been surveyed. The cost would exceed $25,000.00. We are confident we can obtain funds to do the surveying and the title work by March 6, 2005. We have been in contact with Ka'ai Batalona in Tiger Camp and he has informed everyone in Tiger Camp of the situation. The residents have been patient and kind to us and we look forward to giving them tide to their property. Question #2: Granting of the time extension would not be contrary to the General Plan or Zoning Code. Answer: We do not see any reason why this would be contrary to the General Plan. Question #3: Granting of the nine extension would not be contrary to the original reasons for the granting of the change of zone. Answer: We are not aware of any change this would have on the original zoning. The residents in the area wanted to see a project that would benefit the community, and allowing a time extention to give the homeowners in Tiger Camp their additional property would in no way be contrary to the original reasons for granting the change of zoning. i Sincerely, Thomas E. Fleets, President 11,0 . BOX 5133 • IIONOKAA,HAWAII • 96727 ~Q PHONE- 809 775 9448 • FAX: 808 775-1817 ,("A'99 t, H'S 01, KUKUIxAGLF,, Lt_C July 27, 2004 I County of Hawaii Planning Department 101 Pauahi Street, Suite 3 1lilo, Ifawan 96720-8742 Dear Christopher J. Yuen: Change of zone ordinance no. 01-22 (REZ 960) Applicant: Trees of Kukuihaele, LLC Subject: Condition Q on change of zoning ordinance NO. 01-22 (REZ 960) Tax Map Key: 4-8-006:003, 013, 044 (Has since been subdivided and reconsolidated to 4-8-006:13, 69, 44) Thank you, for meeting with Ric Rocker and me about a month ago. During our meeting I mentioned that I had not completed the condition Q in our change of zone. You said I could request an extension for two years on that condition, which I am now doing. Please accept this letter as a request to extend condition Q for two additional years. Sincerely, Thomas E. Ileers President 0 P.o BOX 5133 • 1 IONOKAAj1,k WAIT • 96727 PIIONII 8118-775-9448 • FAX. 808-775 1817