The URL can be used to link to this page

Home My WebLink AboutCOM 0523.000 1996-1998 N~V tIF Virginia Goldstein Iv.,;, Stephen K. Yamashiro r- Dirccmr M°y°* ; Russell- Kolcllbun ~Y$ + +;•.^'i DeP+•ty Director ~+r ei'e~'~ I Du ' ~ ,J ~D1tII~~J II~ ~FT~iTtlii COU,'v'~ I' (~,'~~;,',i~~ PLANNING DEPARTMENT 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-0252 (808)961-8288 • Fax (8081961-9615 CERTIFIED MAIL P 364 305 219 October 2, 1997 Stephen J. Menezes, Esq. Menezes, Tsukazaki & Yeh 100 Pauahi Street, Suite 204 Hilo, HI 96720 Dear Mr. Menezes: Change of Zone Ordinance No. 89-152 (8648) Applicant: Carlton Chang Request: Time Extension to Condition B (Secure Final Plan Approval) Tax Ma~Kev' 7-5-22. 21 and 22 This is to follow-up on the above-referenced application filed with this office on January 13, 1992. According to our files, the last correspc.udence was a letter from the Planning Department dated Apri120, 1992 in which the department requested that the application be held in abeyance pending decision on the variance. We have enclosed a copy of the January 13, 1992 and April 20, 1992 letters, as well as Ordinance No. 89-152 for your information. Please inform us in writing within 30 davs of recei of t~ letter of your intent to proceed with the time extension request. The compliance with Condition B, to secure Final Plan Approval, is long overdue and therefore, may we remind you that according to Condition A of the ordinance, it states "The applicant, successors or assigns shall comply with all of the stated conditions of approval". p~~ Y0.~~ BSle Ita.~ Ref. To: y_ V r Stephen J. Menezes October 2, 1997 Page 2 We look forward to your expeditious response. Please do not hesitate to contact Alice Kawaha or Susan Gagorik of this department at 961-8288, if you should have any further questions. Sincerely, GIIVIA GOLDSTEIN tanning Director N/AGK f:\wpwin60\juanVmenez0l .jv Enclosures xc w/encl: Planning Commission County Council Mr. Carlton Chang Ms. Corrine Oshima-Koseda West Hawaii Office s enezes Tsukazaki Yeh & Moore - sTEFHEN J. MENEZEs R. 6EN TSUKAZAKI IORNEYS AT LAW THOMAS L.H. 1'EH MICHAEL W. MOORE Pauahi Street Suite 204 Hilo, Hawaii 96720 •phone. (E08) 961-W55 FAX (808) 969-1531 January 13, 1992 VIA HAND DELIVERY Norman K. Hayashi Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Request for Extension of Time to Obtain Plan Approval: Ordinance No. 89-152, TMK:7-5-22:21 & 22. Dear Mr. Hayashi: On November 14, 1991, I submitted a request for an extension of time to obtain final plan approval for the project proposed for the subject property. By letter dated December 17, 1991, you noted that I had not enclosed the required filing fee and also asked that additional information be provided when I resubmitted the request for an extension. Please consider this letter as the resubmitted request for an additional two year extension of time to obtain final plan approval. Enclosed are fifteen copies of this letter and a check in the amount of $100.00 to cover the filing fee. Background Information. Section 2(B) of Ordinance No. 89-152 requires the property owner to obtain final plan approval within one year of the effective date of the ordinance, which was December 11, 1989. In accordance with this condition, a plan approval application for a project consisting of a commercial building on each parcel was originally submitted to the Planning Department on August 7, 1990. The project's plans were reviewed on September 11, 1990 by the Kailua Village Design Commission, which deferred action while recommending certain revisions to the plans. While the project's plans were being revised, an extension of time to obtain final plan approval was granted by the Planning Department on December 14, 1990 for a one year period ending December 11, 1991. Upon completion of the revised project plans, they were submitted to the Planning Department and reviewed by the KVDC at its meeting of January 22, 1991. The KVDC voted to recommend approval of the revised plans subject to certain conditions. ~nezes Tsukazaki Yeh & Moore ORNEYS AT WW Norman K. Hayashi January 13, 1992 Page Two The KVDC's conditions were noted in a letter from the Planning Department dated January 25, 1991. The letter also contained additional requirements resulting from the Planning Department's preliminary plan approval review. Final plan approval cannot be granted until the requirements resulting from the preliminary plan approval review have been satisfied. One of the preliminary plan approval requirements was to consolidate the project's parcels prior to issuance of final plan approval. The consolidation requirement was imposed because the project's buildings are proposed to be connected by covered walkways at the second floor level which cross the parcels' property lines, thereby intruding into the minimum building setback area required under the zoning code. The project's parcels are not under common ownership. Consolidation is impracticable as the owners desire to maintain the existing separate ownership of the parcels. As a result, the project's design intentionally sites a separate building on each parcel. In order to create the feeling of an integrated project, the buildings are connected by covered walkways. However, because the covered walkways intrude into the minimum building setback area, the project cannot proceed without being granted a variance. An application for a variance from the zoning code's minimum building setback area requirements was submitted to the Planning Department on September 24, 1991. Other comments contained in the Planning Department's preliminary plan approval letter required the preparation and submittal of a grading plan for the project and civil drawings for the curb, gutter and sidewalk improvements on Kuakini Highway and Kalawa Street. The grading plan and civil drawings are currently being prepared. Reasc:~s for Request for Extension of Time. The parcels' owners timely applied for, and have diligently pursued, approval of the project's plans. Final plan approval has not yet been obtained due to circumstances that could not have been foreseen by, and are beyond the control of, the parcels' owners. As an example, the request by KVDC for alterations to the design of the project was unanticipated. The time required to redesign the project and obtain KVDC approval of the redesign has contributed to the delay in obtaining final plan approval. Also, the time required to prepare the grading plan and civil drawings nezes Tsukazaki Yeh & Moore JRNEYS AT LAW Norman K. Hayashi January 13, 1992 Page Three for the project and to process the variance application filed in September 1991 has resulted in additional delay in obtaining final plan approval. Please contact me should any additional information be needed with respect to the request for an extension. Very truly yours, MENEZES TSUKAZAKI YEH & MOORE PH J. ME ZE SJM:dd Enclosures xc: C. Chang G. Miura , April 23, 1992 Stephen J. Menezes, Esq. Menezes, Tsukazaki & Yeh 100 Pauahi Street, Suite 204 Hilo, HI 96720 Dear Mr. Menezes: Change of Zone Ordinance No. 89-152 (R648) Applicant: Carlton Chang Request: Time Extension to Condition B (Secure Final Plan Approval) TMK: 7-5-22:21 and 22 This is to confirm a telephone conversation with staff Connie Kiriu on April 22, 1992, in which we requested the application be held in abeyance pending decision on the variance. We apologize for any inconvenience this may have caused you. Should you have any questions in the meantime, please feel free to contact Connie Kiriu of this office at 961-8288. Sincerely, • ` NOR K. HAYASHI Planning Director CRK:smo 5051D cc: Carlton K. L. Chang West Hawaii Office App 2 ~ X992 ,,,..o. ' ~ COUNTY OF I~AWAIh.-~.'~~.`~~:STATE O~~ HAWAII Bill No. ls9 ORDINANCE NO. 89 152 AN ORDINANCE AMENDING SECTION 25-89 (KAILUA URBAN ZONE MAP), ARTICLE 3, CHAPTER 25 (20NING CODE) OF THE HAWAII COUNTY CODE, HY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-1) TO VILLAGE COMMERCIAL (CV-7.5) AT KEOPU 3RD, NORTH RONA, HAWAII, COVERED BY TAX MAP KEY 7-5-22:21 & 22. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-89, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following. area situated at Reopu 3rd, North Kona, Hawaii, shall be Village Commercial (CV-7. 5); Beginning at a pipe at the North corner of this parcel of land on the westerly side of Kalawa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 666.76 feet South and 1070.30 feet East, thence running by azimuths measured clockwise from True South: 1. 3i1° 22' 44.18 feet along the westerly side of Kalawa Street to a pipe; 2. 321° 04' 93.84 feet along the westerly side of Kalawa Street to a pipe; 3. 51° 04' 120.00 feet along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu (Lot 46-A) to a pipe; 4. 141° 04' 83.66 feet along the remainder of Royal Patent 4475, Land Commission Award 7713, Apana 5 to V. Kamamalu (Lot 46-A and Lot 44) to a pipe; meeting with the approval of the Department of Public Works prior to receipt of a certificate of occupancy; (E) A 10-foot wide strip along the frontage with Kalawa Street shall be set aside and delineated on the plans submitted for plan approval. The structural setbacks shall be observed from the future road widening line; (F) No buildings shall be constructed over the sewer easement which traverses through the property; (G) All other applicable laws, rules, regulations, and requirements be complied with; (H) Should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer's election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (I) An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the zone change. 'The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; and, (~j An initial extension of time for the performance of conditions withih 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 -3- • f 9 I GO-1D p~-Iq l~ RO-J-7S I RD 3.'f3 ~U F. / a. U oa I 0 i ~ Q _ I QJ. ~'~a Q Z I 'gLANOE ~i Y Q ~ ~ Q RD - 3Jg J ~ Y R^ I J ~ R D Q - ~ a.~ RMhI 1, _ 3'?S I ~ RM i L T S I '`~~-.fir-lou t RM-I ST~C~ ~ / RM 1-'-' / I leM I T MUI-T1FLE FAMJ~..Y 'RM_I I RE°J 117CNTIAL (RM-I) To ~iLLAGC COMMC-riGJAI_ (CV-7~jJ RM ~ cvo.3 I AREA = 13,341 561-F-r' a7.1•ot' I 9'-x.84 t ~ ; 'v*', / y STIF~~ Rte' ` I, GG6.769 0~ N-7.3 T I N 1o71°y-3r1 =rt ,.Nf.1o~ IAN.D ~ i W- R I -y ~ IG 141.04 CV_? 3 ' M I try.. 11•Z~ I B9.si ?,g U I I-ye.O 1 131.27: ,l- I 1 ` 34-oe 1 j II G't^~'g ~ GV ?gr~ ~ ' 0 3 SAY ~ ~ LJ,'1 ~ v .7s ~ o~, ? KGgU,y / 9 ~l.l CV -7.g 'l Ov.)s O F ~ , s P ~ Z ~ ..-.mss 2 ,N 7 ~~-mss/ I v-.~a T ~ AMENDMENT TO 'THE ZONING CODE AMENDING StGT10N 25-i'39 ~t'CAIt-uA ul'~'13AN ZOT`IE MAP) ARTICLE S, C1-1A1°TE1F ~S (ZON I N G CO~>=) OF THE HAWAiI COI.INTY CODE, BY CHANGING ']-HE L'715TRIC'7' CLA551FICATION FROM MuLTif°LL FAMILY RE511~tNTtAL. (ISM -I) To ~/1LLAGC COMMCTQCIAL (GV-7.5) AT I~>=optt 3F2D, NORTH KONA, HAWAfI. PRL~}oAT<1=L7 pY = 1°LANNINr-i, DC-1°A~TMENT GOUNTI' CF HAWAIf "M i~ : 7- S-~~ _ '2I $ JUNE ~7, 198.°, 'HIRIT