HomeMy WebLinkAboutCOM 0761.000 2004-2006
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Harry Kini_~ Christopher]. Yuen
Mayor 4• Director
• . • Brad Kurokawa, ASLA. LFED" AP
Deputy Director
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County of Hawaii
PLANNING DEPARTMENT
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone(808)961-8288 Fax(808)961-8742 _
March 16, 2006
Steven S.C. Lim, Esq.
Carlsmith Ball LLP
P. O. Box 686
Hilo HI 96721-0686
Dear Mr. Lim:
Change of Zone Ordinance No. 01 69 (REZ 967)
Applicant: Daniel Joseph ("Mike") McKenna (Previously EHP Corporation)
Request: A-5a to CG-20 for Approximately 5.083 Acres of Land
Subject: Administrative Time Extension to Comply With Condition D
Tax May Key: 7-5-3:19
This is in response to your letter dated January 9, 2006 requesting an administrative extension of
time in accordance with the provisions of Condition P to comply with Condition D (Complete
Construction Within 5 years) of Change of Zone Ordinance No. 0169. Condition P 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 the
requested time extension. The effective date for Change of Zone Ordinance No. 01 69 is
August 24, 2001. Therefore, as requested, we will grant a 5-year time extension until
August 24, 2011 to comply with Condition D.
This time extension is given on the condition that the owners of TMK No. 7-5-3:19, if requested
by the owners of TMK No. 7-4-8:001, negotiate in good faith over the granting of an easement in
favor of the RCX-zoned portion of TMK 7-4-8:001 over TMK No. 7-5-3:19 to Henry Street,
provided further that (1) the easement serves a predominantly residential development, (2) the
easement does not significantly interfere with the use of TMK No. 7-5-3:19, and (3) the owners
are paid fair market value for any easement.
Comm. No. 7(01
Hawaii County is an Equal Opportunity Provider and Employer Ref. To:
Ref. Dote M QR 10- 7=
Steven S.C. Lim, Esq.
March 16, 2006
Page 2
If you have any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincer-hr '
CHRISTOPHER J.
Planning Director
CJY/JWD:SMN
P:\WPWIN60\JEFF\Letters\Time Ext\LLim-TER-REZ967-CondD.doc
cc w/copy of letter: - Hawaii County Council
Planning Commission
Planning Department-Kona
CARLSMITH BALL LLM A 11 P11, P 10
A LIMITED LIABIUTI LAW PARTNERSHIP PLANJ'`li'"1f,J :i'3~~MI~IVt
121 WAIANUENUE AVENUE r COUNT( OF HAWAII
P.O. Box 686
HILO, HAWAII 96721-0686 -
TELEPHONE 808.935.6644 PAx 808.935.7975
W W W.CARLSMlTH.COM
SLIMCNCARLSMITH.COM OUR REFERE.NC NO
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January 9, 2006
Christopher J. Yuen
Planning Director
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Re: Request for a five-year administrative time extension to comply with Condition
D of Change of Zone Ordinance No. 01-69
Owner: Daniel Joseph ("Mike") McKenna, also known as Daniel J. McKenna,
as Trustee U/T/A dated January 14, 1988, as amended
TMK (3) 7-5-03:19
Dear Mr. Yuen:
On behalf of Daniel Joseph ("Mike") McKenna, also known as Daniel J. McKenna, as
Trustee U/T/A dated January 14, 1988, as amended, the current owner of the above real property
since July 10, 2001, this will request a five-year administrative time extension within which to
complete construction of improvements, as contained in Condition D of Ordinance 01-69.
Condition D provides:
(D) Construction of the proposed development shall be completed within
five (5) years from the effective date of this ordinance. Prior to
commencing construction, Final Plan Approval for the proposed
development shall be secured from the Planning Director in accordance
with Chapter 25-2-70 of the Zoning Code. Plans shall identify existing
and proposed structures, vehicular traffic, paved driveway access and
parking stalls associated with the proposed use. Landscaping shall also
be indicated on the plans for the purpose of mitigating any adverse noise
or visual impacts to adjacent properties in accordance with the
requirements of Planning Department's Rule No. 17 (Landscaping
Requirements). Plans shall also indicate the location and type of signage
for archaeological features located within the project site as may be
deemed appropriate by the State Department of Land and Natural
Resources-Historic Preservation Division (DLNR-HPD).
HONOLULU KAPOLEI HILO KONA - MAUI GUAM SAU'AN - Los ANIJI II
009665
Christopher J. Yuen
January 9, 2006
Page 2
As represented by the applicant, restrictive covenants in the deeds of all
the proposed lots within the subject property shall limit the building height
to a maximum of 45 feet. A copy of the proposed covenant(s) to be
recorded with the Bureau of Conveyances shall be submitted to the
Planning Director for review and approval prior to the issuance of Final
Plan Approval and/or Final Subdivision Approval. A copy of the
approved covenant(s) shall be recited in an instrument executed by the
applicant and recorded with the Bureau of Conveyances for any portion of
the subject property. A copy of the recorded document(s) shall be filed
with the Planning Department prior to the issuance of the certificate of
occupancy.
Justification: On July 10, 2001, the Property was purchased by Applicant, Daniel Joseph
("Mike") McKenna, also known as Daniel J. McKenna, as Trustee U/T/A dated January 14,
1988, as amended. Due to financial constraints and other unforeseen circumstances beyond the
Applicant's control, fault or negligence, the progress of development has been delayed. The
project access previously planned had to be relocated to meet the requirements of the Department
of Public Works. In addition, after approximately two years of negotiations over the financing
for the project, the project financing was not finalized, and the Applicant had to start over again.
The Applicant is preparing to develop commercial uses within one of the existing
structures on the Property, and is currently working on the design details for the project for
submittal to the relevant agencies for action, in compliance with the CG-20 zoning for the
Property. Therefore, granting of the time extension would not be contrary to the General Plan or
Zoning Code and would not be contrary to the original reasons for the granting of the change of
zone.
For the reasons stated above, a five-year administrative time extension is requested to
extend the deadline to complete construction of improvements as required by Condition D from
August 21, 2006 to August 21, 2011.
Please feel free to contact me should you have any questions concerning this time
extension request. Thank you for your consideration in this matter.
Very truly yours,
Steven S. . Li
SSL/lah
cc: Daniel Joseph ("Mike") McKenna
4843-6804-0960.1