HomeMy WebLinkAboutCOM 0106.079 2004-2006 4oJNSY 0! N,w9r
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Harry Kim Christopher J. Yuen
Mayor Dircnnr
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' ' Roy R. Takemoto
Deyury Dircciar
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PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808)961-8288 Fax(808)961-8742
November 9, 2005
Mr. Sidney Fuke
Planning Consultant
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fukc:
Change of Zone Ordinance No. OS-113 (12EZ 04-024)
Applicant: Suffolk Investment, LLC
Change of Zone Ordinance No. OS-115 (12EZ 04-025)
SubjecC: Extension of Time
Tax Map Key: 7-5-17: 1 and 19
This is in response to your letter dated November 1, 2005, requesting an administrative extension
of time to comply with Condition U of Change of Zone Ordinance No. OS-113 and Condition V
of Change of "Lone Ordinance No. OS-1 I5.
Condition U of Ordinance No. OS-l 13 and Condition V of Ordinance No. OS-115 state that
within 90 days after the effective date of this ordinance, the applicant shall solicit the input of the
State Department of Education (DOE), community, and County Council to determine which
government agency or entity, such as aDOE-certified "public charter" school, would be the
recipient of this school site.
The effective date of both ordinances is August 5, 2005. 'Che applicant has stated that efforts
have been made to comply with the conditions but because of events that could not have been
foreseen and which are not a result of fault or negligence, the applicant is requesting an
administrative time extension of three months.
The Planning Director has determined that non-performance is a result of conditions Chat could
not have been foreseen and not a result of fault or negligence. Further the granting of a three-
month 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, athree-month extension of time
to comply with Conditions U and V of the respective ordinances is granted until
February 5,2006.
Hawaii County is an Equal Opportunity Pr~viderrnd Employer CCtNR NO. ! O~ •
Ref. Ta
Ref. Uate ~ln„~] 0
Mr. Sidney Fuke
Planning Consultant
Page 2
November 9, 2005
Should you have any questions regarding this matter, please contact Jeff Darrow at 961-8288.
Sincerely
CHRISTOPHER J. N
Planning Director ~i
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cc w/copy of letter: v~Iawaii County Council
Planning Commission
Planning Department-Kona
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100 Pauahi Street, Swte 212 • Hdo~Hawau 96720 ~ ~ ~ Planning • Valiance • Zornrg
Telephone (B08) 9F,9 1522 • Fax (BOB) 9S9 7996 • Bubdimsion • Land Use Permits
E mad sidfuke@verizon net • Env6onmantal Reports
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Mr. t'hristopher Yuen, Director
Planning Department
COUNTY OF HAbVAI'I
101 Pauahi Street
Hilo, H196720
{Dear Mr. Yuen:
Subject: 2,oning Time Extension -Suffolk Investment, LLC
(Ord. 05113) and Puaa Development, LLC (Ord. OS-
115), TMK: 7-5-17: 1 and l9
Condition U of Ordinance No. OS 113 and Condition V of Ordinance No. OS 115
relating to the setting aside of 5 acres of land for a school site are identical. These
conditions required the applicants to solicit the input of the State Department of
Education (DOE), community and County Council to determine which government
agency or entity would be the recipient of this school site.
As you are aware, there are drainageways within the subject parcels as well as
existing and planned drainage improvements where the subject properties abut the
extension of the Queen Ka'ahumanu Highway. The location and resolution of these
drainage improvements will weigh heavily on the ultimate configuration and
infrastructure cost to prepare this school site.
Accardingly, since passage of these ordinances, the applicants and their engineers
have been working closely with Mr. Brennon Morioka (deputy director) of the State
Department of Transportation (DO1~ and his staff to address these issues. The applicants
have already submitted its proposal to the State DOT and are awaiting its response.
Hopefully, that should occur within the next month. Once there is consensus on the
planned drainage improvements, the exact location and confguration of the school site
can be determined.
Because questions regarding the exact location and configuration of the school
site and associated costs will probably come up during the required consultation process
with the community and the County Council, the applicants felt it best to schedule these
meetings only after the site planning issues could be answered. Hopefully, given the
upcoming Holiday Season, that will occur in early January.
Notwithstanding the aixpve, however, the applicants have had a number of
meetings and/or discussions with three {3) existing schools. A meeting with Ms. Linda
Smith of the State DOE is also planned within the next hvo weeks
1VIr. Christopher Yuen, Director
November I, 2005
Page 2
Based on the above and pursuant to condition Z of Ordinance No. OS 113 and
condition BB or Ordinance No. OS 115, the applicants respectfully request an additional
three months (February 5, 2006) to complete this consultation process. Recognising the
importance of these projects to the community particularly from an infrastructure
perspective, the applicants have every intention to fulfill this and the other conditions of
approval in a timely fashion.
Thank you very much.
Sincerely, ,
SIDNEY M. FUKE
Planning Consultant
Copy -Hawaii County Counci I
Puaa Development, LLC
Suffolk Development, I,LC