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HomeMy WebLinkAboutCOM 0807.000 2006-2008 F Harry Kim Christopher. tuera Maya' Director ~'+r~'r•„,+~ Brad Kurokawa, ASLA or o LEEM AP Taut ij IIf Pawa$t Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-4224 (808) 961-8288 • FAX (808) 961-8742 R'. C_ 7 October 25, 2007 t`.o Mr. Rex Y. Matsuno Matsuno Enterprises, Limited P.O. Box 366 Hilo, HI 96721 Dear Mr. Matsuno: Change of Zone Ordinance No. 03-44 (REZ 1004) Applicant: Matsuno Enterprises, Ltd. Request: Administrative Time Extension Tax Mau Key: 2-2-40:14 and 69 This is in response to your letter dated October 16, 2007 requesting a 5-year time extension to comply with Condition E (construction timetable) of the above referenced ordinance. Condition P of Ordinance No. 03-44 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 applicants, its successors or assigns, and that are not the result of their fault or negligence. 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). 0 Comm. No._0 Ref. To: Ref. Date NOV 0 8 2007 _ IlawaN County is an Equal Opportunity Provider and Employer. Mr. Rcx Y. Matsuno Matsuno Enterprises, Limited October 25, 2007 Page 2 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 five (5) 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 five (5) year extension of time to comply with Condition E is granted until March 17, 2013. Please be informed, however, should you need an additional extension of time to comply with Condition E, 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', V CHRISTOPHER J. N Planning Director JWD:smn P:\public\wpwin60\Jeff\Letters\Time Ext\LMatsuno-AdminTER-CondE-REZ1004.doc cc w/letter: /Rawaii County Council Planning Commission MA TS UNO ENTERPRISES, LIMITED P. O. Box 366 Hilo, Hawaii 96721 Tel: (808) 935-8511; Fax: (808) 961-4800 Mr. Christopher J. Yuen, Planning Director October 16, 2007 County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720-3043 Dear Planning Director Yuen: Re: TMKs: (3) 2-2-040:014, and 069; Ordinance No. 03-44 We request that you grant this request for an initial extension of time of five (5) years to complete development of the property. Section 2.E. states as follows: "Development of the property shall be completed within five (5) years from the effective date of this ordinance. This time period shall include the securing of Final Plan Approval from the Planning Director for the commercial development. Plans shall identify structures no closer than sixty (60) feet from the existing property line fronting Puainako Street and seventy (70) feel along the eastern property line, waste and trash bins no closer than one hundred (100) feet from any residential zone, fire protection measures, landscaping and maintenance plan, access to Kanoelehua Avenue, associated with the Mr. Christopher J. Yuen October 16, 2007 2 proposed uses. Plans shall include landscaping, and if appropriate, wall or fence along the eastern and southern boundaries for the purpose of mitigating any potential adverse noise and visual impacts to surrounding properties. "Prior to submittal of plans for Plan Approval, the applicant shall secure the input of the immediate adjoining residential homeowners through a community meeting." Our original effort was to keep and develop the rezoned property ourselves. We had planned to develop a commercial complex to service and supplement the retail and office needs of the region and immediate surrounding area that would include restaurants, eateries, our fresh and frozen seafood outlet, and other similar retail shops. Initially we were encouraged by the favorable responses we received from potential tenants for our planned development. However, we ran into considerable difficulty in dealing with the floodway that runs through the property. We have spent a considerable amount of time and money looking at different alternatives to deal with the floodway. As we are not commercial developers by trade, we were not prepared to take the huge risk and spend the almost prohibitive amounts of money to deal with the floodway, in addition to making the sizable investment required to construct the building improvements. We are now in the process of looking for potential lessee/ developers with the experience and expertise to successfully take on such a challenging development. We believe that our non-performance was the result of conditions that could not have been foreseen, were beyond our control, and did not result from our own fault or negligence. Further, the granting of the time extension would not be contrary to the General Plan or Zoning Code, nor would it be contrary to the original reasons for granting the change of zone. Finally, the time extension requested is for a period that does not exceed the period originally granted for performance. Mr. Christopher J. Yuco October 16, 2007 3 Please sign the copy in the space provided below and return it to us in the self- addressed, stamped envelope enclosed for your convenience. You may keep the original for your records. Your prompt attention to this matter is greatly appreciated. Very truly yours, MATSUNO ENTERPRISES, LIMITED Rex Y. Maa' ~ o President AN INITIAL TIME EXTENSION OF FIVE YEARS (5) FROM THE DATE BELOW IS HEREBY GRANTED TO COMPLETE THE DEVELOPMENT OF THE PROPERTY. COUNTY OF HAWAII, PLANNING DEPARTMENT Christopher J. Yuen Date Planning Director RYM/wkw Enclosure