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REPORT OF THE COMMITTEE ON PLANNING DATE. January 23, 2001 RE C-59/Bill No 16 PLACE Councilroom TIME 1.37 p m Chair and Members Hawat`i County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 16, transmitted by Mayor Hang Kim per Communication No. 59, dated January 10, 2001, regarding the Change of Zone request by Trees of Kukuihaele, LLC (Tom Heers), at Waikcekoe and Kanahonua, Hamakua, Hawaii, TMK 4-8-6.3, 13 and Portion of 44, reports as follows. Bill No 16 amends Seaton 25-8-15 (Hamakua District Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the distract classification for approximately 31 ] 14 acres of land from a Single Family Residential (RS-15) and Resort-Hotel (V-43) to a Resort-Hotel (V-25) zoned district The irregular-shaped subject property, owned in fee by Tom Heers dba Trees of Kukuihaele. LLC, is located wit}un the village of Kukuihaele between the Honokaa-Waipio Road (Highway 240) and the Old Government Road In 1994, Royal Coast Resorts Corporation & Silverlinks Holding Ltd. (Royal Coast) applied for a Change of Zone from A-40a and RS-15 to V-43, V-18, A-la and RS-7 5; a State Land Use Boundazy Amendment from Agncultural to Urban and a General Plan Amendment in order to develop the Aman Resort (TMK 4-8-6.13, 43 and Portions of 9, l 1 and 44) The Planning Director then determined that a General Plan amendment was not required as the proposed development is within the Hamakua-Kohala Mountain Forest Reserve, which is identified as a Retreat Resort Area in accordance with the Hawaii County General Plan. On June 8, 1994, the County Council approved the state land use boundary and change of zone amendments, which permitted the development of the Amanhideaway (a 36-tout retreat resort, the conversion of the existing plantation manager's house into afour-unit inn, and seven one-acre residential-resort lots and up to 10 units of employee housing units on the site). The total number of proposed resort units was 47 units with an additional 38-one acre agncultural lots, for a total density of 85 units on the subtect properties As conditioned by Ordinance No. 94-63, the applicant was required to convey 4 1 acres of land to the lot owners adtacent to the plantation manager's house and neaz the forner grade school playground in Tiger Camp. On November 13, 1996, an extension of time to comply with Conditions D and T was granted for eighteen months until June 7, 1997 Tom Heers acquired the subtect three (3) parcels, two (13 and 44) of which were part of the Royal Coast protect, in order to develop a 40-unit resort development over a penod of time Because parcels 13 and 44 were onginally part of the Royal Coast development under Ordinance No 94-63, the applicant has also sought to amend said ordinance to delete any conditions which PC-7