Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> within the Tsunami Evacuation Zone. <br /> RECOMMENDATION <br /> <br /> Change of Zone Ordinance No. 97-102, which rezoned 37.88 acres of land from <br /> an Agricultural 5-acre (A-5a) to a Single-Family Residential (RS-15) zoned district, was <br /> <br /> adopted by the Hawaii County Council on July 14, 1997 to allow for a 50-lot residential <br /> subdivision with related improvements. Additionally, Special Management Area Use <br /> <br /> Permit No. 379 was approved by the Planning Commission on August 8, 1997, to allow <br /> the development of a 50-lot single family residential subdivision and related <br /> <br /> improvements on approximately 37.88 acres of land. <br /> Condition V in Change of Zone Ordinance No. 97-102 states that should any of <br /> <br /> the conditions not be met or substantially complied with in a timely fashion, the Director <br /> may initiate rezoning of the subject property to its original or more appropriate <br /> <br /> designation. As a result of the non-compliance of Condition C and the reasons stated <br /> below, the Planning Director is initiating the rezoning of the property from Single-Family <br /> <br /> Residential (RS-15) to a Residential and Agricultural 5-acre (RA-5a) zoned district, <br /> which would result in a more appropriate zoning for this area. <br /> <br /> The applicant at the time of the change of zone approval (July 14, 1997) was <br /> Gentry Pacific, Ltd. The property was purchased by Kohala LLC on June 30, 1999. <br /> <br /> Condition C of Change of Zone Ordinance No. 97-102 required that the applicant secure <br /> Final Subdivision Approval within five (5) years from the effective date of the ordinance <br /> <br /> (July 14, 2002). There has been no subdivision application filed with the Planning <br /> Department in compliance with Condition C as of the date of this writing. Condition U <br /> of Change of Zone Ordinance No. 97-102 allowed for an initial administrative time <br /> <br /> extension for the performance of conditions for a period not to exceed the period <br /> originally granted for performance. The previous or present applicant did not request for <br /> <br /> an administrative time extension to comply with Condition C until almost ten (10) years <br /> after the approval of Change of Zone Ordinance No. 97-102. <br /> <br /> More important than non-compliance, this revocation action is being initiated in <br /> response to the resolutions from the State of Hawaii Senate of the Fourteenth Legislature <br /> <br /> and the Senate of the Twenty-First Legislature, the goals and policies of the Natural <br /> <br /> <br /> <br /> <br /> -4- <br />