COM 0400.000 2002-2004 - Laserfiche WebLink

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Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 collector streets to allow for storage of vehicles and a turn around on the collector street side of the gate, meeting with the approval of the Department of Public Works." For your information, the applicant did request that Condition E be amended to restore the 400 rooms originally requested, and to have Condition K amended to change the minimum amount of square footage for the first increment. The Commission, however, did not include these requests by the applicant in the motion. The vote on the motion was four to one in favor. Only five members of the Planning Commission were present. The four to one vote constitutes a "no action" by the Planning Commission because of the lack of the five votes required by Hawaii County Charter, Section 134(1). The applicant requested that the rezoning application be forwarded on to the County Council without further action by the Planning Commission. This was the applicant's prerogative under Hawaii County Code Section 25-2-42(d)(3) because more than ninety days had passed since the Planning Commission had received the application from the Planning Director. Under Section 25-2-42(d)(3) and Planning Commission Rules I 1-3(b)(2), the Planning Commission's non -action constitutes an unfavorable recommendation. Accordingly, we are hereby transmitting this letter which explains the unfavorable recommendation of the Planning Commission and the favorable recommendation of the Planning Director, along with the proposed bill, the Planning Department's Background Report and Recommendation, and hearing transcripts. Sincerely, Fred Galdones, Chairman Planning Commission Enclosures cc: Mr. Sidney Fuke Department of Public Works Department of Water Supply Rodney Haraga, Director/DOT-Highways, Honolulu Planning Department -Kona