COM 0833.001 1996-1998 - Laserfiche WebLink

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SLU BOUNDARY The Commission took these items up at 1:50 p.m. with AMENDMENT AND approximately 35 people from the public in attendance. CHANGE OF ZONE DR. WILLIAM AND PATRICIA BERGIN OULI, SOUTH KOHALA APPLICANTS: DR. WILLIAM & PATRICIA BERGIN - Applications for a State Land Use Boundary Amendment from an Agricultural to Rural District and a Change of Zone by changing the district classification from Agricultural (A-5a) to Residential/Agricultural (RA-2a) for approximately 5.00 acres of land. The property is located in Kanehoa Subdivision approximately 750 feet south of the entrance road from Kawaihae Road, Ouli, South Kohala, Hawaii, TMK: 6-2-9:25. Ms. Mirikitani oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the requests, and noted the Planning Director recommended approval of the applications with conditions. The applicant's representative, Gregory Mooers, questioned the appropriateness of Condition H regarding a fair share contribution to address potential regional impacts, noting they were only proposing a two-lot subdivision. Director Goldstein said that the Corporation Counsel's office has been requested to draft an ordinance regarding the requirement of a fair share contribution; and she pointed out that the justification the County Council has given for including this condition and going further by attaching a dollar figure for each of the impact is that this is a voluntary action. Director Goldstein clarified that she was proposing the condition be included inasmuch as the County Council has been imposing that condition. Commissioner McIntosh made her perennial objection to including this condition since the enabling legislation has never been passed. For the Commission's information, Mr. Mooers noted he has been working on a situation for several years where people are applying for condominium property regime lots so that they would not be subject to County review and be required to participate in paying for impacts of additional density. He said it is hoped that by applying for a change of zone, it would be an advantage for homeowners as the subdivided lots would have value greater than CPR lots, although how much greater is certainly up in dispute, and, also, the County could address the traffic issue on Kawaihae Road with homeowner contributions. He said this was the reason why the applicant was agreeable to Condition F wherein when sufficient number of these lots do convert via boundary amendment and change of zone that there will be an improvement district program or if ISTEA funds became available that it would help leverage their dollars with federal dollars. He pointed out the concern of the cost becoming too great that it would drive homeowners to further perpetuate continuing CPR lots, which they would not like to see. 5