HomeMy WebLinkAboutCOM 0291.000 1998-2000 i~ x Virginia Goldstein
Stephen K. Yamashiro Director
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Russell Kokubun
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PLANNING DEPARTMENT
25 Aupuai Street, Room 109 • Hilo, Hawaii %720.4252
(808) %1.8288 • Fax (SOS) 9fi1-8742
May 10, 1999
Mr. Richard K. Prahler
Vice President
Planning & Asset Management
Hawaii Land & Farming Company, Inc.
255-East Waiko Road
Wailuku, Maui, HI 96793-9355
Deaz Mr. Prahler:
Change of Zone Ordinance No. 96-48
Applicant: C. Brewer Homes, Inc.
Request: Administrative Time Extension to Condition B (Water Source)
Tax Map Key: 2-6-8:17, 26, 27, 29, 36 and 39 and Portions of 28, 31-34, 37, 38
>tnd 2-6-29' 14 I S
This is to acknowledge receipt of your letter dated Apri129, 1999 requesting an administrative
extension of time to Condition B of the subject Ordinance.
Condition B, in summazy, requires that an applicant provide assurances that a water source of
sufficient quality and quantity can be established by the applicant within three yeazs from
enactment of the Ordinance. Ordinance No. 96-48 became effective on May 2, 1996, with
changes in district classification withheld until Planning Director has certified assurances of a
water source.
You have explained that nonperformance is due to negative mazket conditions which exist today.
Based on your request, we have determined that nonperformance could not have been foreseen
and aze beyond the control of the applicant. Also, granting of the extension would not be
contrazy to the General Plan, Zoning Code or original reasons for granting the change of zone.
The Planning Director hereby grants you a three year extension of time until May 2, 2002 to
comply with Condition B. Please be informed however, that should an additional extension of
Comm. No. /
Ref. Tot
ltef. Date~~ i
Mr. Richazd K. Prahler
ice President
Planning & Asset Management
Page 2
May 10, 1999
time be required, your request and reasons (20 copies), including a $250 filing fee shall be
submitted to this department. A public hearing will be scheduled by the Planning Commission to
hear your request. Notification of sun:
ounding property owners will also be required.
Also, please inform us in writing, as to whether you would like the subject file to be amended and
updated to reflect Hawaii Land 8c Farming Company as the new applicant. The file is still
referenced as C. Brewer Homes, ):c?c. with Eben Dole as contact person and James Leonard of
PBR Hawaii, Inc. as the Agent.
Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis
Fujimoto at 961-8288.
Sincerely,
lJ ~
GINIA GOLDSTEIN
Planning Director
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HAWAi. LA1V D & FARMING COMPANY, INC.
Apri129, 1999 q ,
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Ms. Virginia Goldstein
Director
County of Hawaii
Planning Department
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change in Zoning Ordinance No. 96-48/C. Brewer Homes, Inc. at
Puueo, South Hilo, Hawaii
Deaz Ms. Goldstein:
Ordinance No. 96-48, effective on May 2, 1996, amended the district classification of
certain properties at Puueo, South Hilo, Hawaii, to Single-Family Residential (RS-7.5) and
Neighborhood Commercial (CN-10) which lands were owned by Hawaii Land & Farming
Company, Inc., formerly known as C. Brewer Homes, Inc. Condition B found in Section 3 of
said ordinance required in part the following:
"Within three yeazs from the enactment of this ordinance, the applicant shall
provide assurance satisfactory to the Department of Water Supply and the
Planning Director, upon consultation with the State Department of Health and
the State Department of Land and Natural Resources, that a water source(s) of
sufficient quality and quantity can be established. The effective date of the
changes in District Classification(s) shall be the date on which the Planning
Director has certified such assurances to be satisfactory...."
Said three year period will expire on May 1, 1999. At this time, it is respectfully requested
that said period within which the assurance of your office is to be obtained be extended for
another three yeazs to May 2, 2002 for the following reason:
The date of nonperformance of the condition contained in pazagraph B was the result of
negative mazket conditions at the time of the effective date of the ordinance which persists today.
These market conditions were not foreseeable and aze beyond the control of the applicant.
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 the granting of the change of zoning.
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25SA EAST W,VKO ROAD • WAILUKU, MAUI, FiAW,vi 96793-9355 • Yep (808) 2425833 • FAx (808) 2425316 • W®www.HlwOEcom
Ms. Virginia Goldstein
Apri129, 1999
Page 2
Accordingly, it is herein respectfully requested that the time to perform Condition B be
extended for an additional three yeazs to May 2, 2002. If you have any questions or require any
further information, please contact the undersign.
Very~truly~yours, /J
j~GGf/*'Y~C.Q' ~i~
Richazd K. Prahler
Vice President
Planning & Asset Management