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Home My WebLink AboutCOM 0570.001 1996-1998 O,N1V OF p,~' Virginia Goldstein Stephen R'. Yamashiro ~l,i~,,~' Dtrefior Muy°r • Russell Kokuhun 6-•~•.i De/Ath~Ovpt lnr 1eE 0•.N'VI ~uun#g a£ ~rzfirttii PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (SOS) 961.8288 • Fax (BOS) 961-8742 ~ , September 24, 1998 Mr. Benjamin A. Kudo Ms. Naomi S. Uyeno Dwyer Imanaka Schraff Kudo Meyer and Fujimoto P.O. Box 2727 Honolulu, HI 96803 Deaz Mr. Kudo and Ms. Uyeno: Change of Zone Ordinance No. 93 66 (REZ 743) Applicant: Liliuokalani Trust Subject: Request for Administrative Time Extension TMK~ 7-d-Rr Pnr_ 12 This is to acknowledge receipt of your letter dated August 18, 1998, requesting a one year time extension to Condition R of the above-referenced ordinance. Condition B of the ordinance states that requirements for the effective date of Lot 2 will be within five (5) years from the effective date of zoning for Lot 1 or by October 4, 1998. You have indicated that the request for a time extension has been brought about by Liliuokalani Trust's inability to commit funds to satisfy the infrastructure requirements for Lot 2. It is our understanding that Liliuokalani Trust has entered into an agreement with the Maryl Group to assist in the development of the remainder of Lot 1, and that the development of Lot 2 will commence upon the completion of Lot 1. Condition R of the approved change of zone ordinance allows the Planning Director to grant an extension of time for performance of conditions within the ordinance. We have determined that non-performance is a result of circumstances beyond the applicant's control and not a result of fault or negligence, and hereby grants a one year extension of time until October 4, 1999, to comply with Condition B. 0~ O lief. 'Lbt_~~„o_ Mr. Benjamin A. Kudo Ms. Naomi S. Uyeno Dwyer Imanaka Schraff Kudo Meyer and Fujimoto Page 2 September 24, 1998 Please be aware that should you request an additional extension of time, your request must be forwarded to the Planning Commission through this office. A $250 filing fee, original and twenty copies of the request shall be submitted when requesting an additional extension of time. A public hearing to consider your request will be held within 120 days. After such a hearing is conducted, the request and the Commission's recommendation will be forwazded to the County Council. As a reminder, the applicant is required to comply with all conditions as stated in the above- referenced ordinance within their appropriate timetables. The next annual progress report will be due on or before October 4, 1999. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at 961-8288. Sincerely, VIRGINIA GOLDSTEIN ~ Planning Director PF:jkg f: \wpwin60\phyllis\1liliu0l. plff cc w/ltr: ~unty Council West Hawaii Office Planning Commission DWYER IMANAKA SCHRAFF KUDO MEYER ~ FUJIMOTO Al IORN[1'S Al LAN' T LAW CORPOHiATION IHpO PIUNC6R PLALV app ~ OgT STRL[7 MALI IIONOLU LL'. HAR'All 96H11 4 POST OFRCE BOX 2]2] HON OLU LC, HAWAII "bHOI T CLEPHOYF fHOHI i24Ap00 I AC~IMILL (HONI 52"~1i19 i HONF PALL hnp llww w.dwyc rvimana ka-com L-M iVL hnwaulawCJwyerimaneka vum L'H, N DAA 1113 IP LAN NI AAt I A.AAA.A~>6L VIIR HCLI > IA14'~-0A.A ~1M11 lilHR.A fTLLA ~AIINAf~ IURI AF\F Fi~~I AI PPAAIIA A FL'DI~ ryAl)AII ~ l lI Af~ VA IIIIA>IL III 1'IF III I N1'AiN DAA 1IR III v~~>~~v ~vn~~v,rv, August 18, 1998 .,vh~,v. .H~FAF~ ft(~AdLLI A' GRAM RUOi N ~ A HAI ion n+ ~v rAwo bLAKC 9USHFLLL A pCLB[RT Gk@[~ PI ccurmcl RICHARD l ASAllI ~ft Ri~N DAU 1 INA,I pApO[p VOSHIVAGA N~ftIAI<T~l pA1CRA ~i Ms. Virginia Goldstein Planning Director ~ ~9 County of Hawaii Planning Department - - ~ 25 Aupuni Street, Room 109 - • ~ Hilo, Hawaii 96720-4252 Re: Request for Extension of Time Applicant: Liliuokalani Tntst Ordinance No. 93-66 Tax Map Key: 7-4-08:12 Dear Ms. Goldstein: On behalf of Liliuokalani Trust ("LT"), we are requesting a time extension of one year to fulfill the requirements of LT's zoning granted pursuant to Ordinance 93-66 for that parcel of land identified as Lot 2 of TMK No. 7-4-08: 12. This extension is being requested pursuant to Condition (R) of Ordinance 93-66. Ordinance 93-66 approved the district reclassification of approximately 315 acres of land. The Ordinance made changes to the district classification effective in two increments. The Planning Department certified the effective date of the Ordinance as October 4, 1993. As reflected in Belt Collins letter dated July 24, 1998, the conditions for the first increment was required to be met within three (3) years of the effective date of the ordinance or October 4, 1996. The conditions for the second increment was required to be met within five (5) years after the effective date of zoning for the fast increment or October 4, 1998. LT is committed to fulfilling the requirements of its zoning despite poor market conditions and has recently entered into an agreement with the Maryl Group to help develop the remainder of Lot 1. With the impending deadline for the Lot 2 zoning conditions, however, LT is unable, at this time, to commit funds to satisfy the infrastructure requirements for Lot 2's zoning. LT hopes to start the development of Lot 2 upon the completion of Lot 1. •J I ~~Y~ r Ms. Virginia Goldstein August 18, 1998 Page 2 The granting of the time extension is not contrary to the general plan, the zoning code or the original reasons for the County's granting of the zone change. As such, we request your favorable consideration of LT's request. Should you have any questions regarding the above, please do not hesitate to contact the undersigned. Very truly yours, DWYER IMANAKA SCHRAFF KUDO MEYER & FUJIMOTO Benjamin do aomi S. Uyeno BAK/NSU cc: Mr. Frank Jahrling Mr. James Bell