REP PC 110 10/05/2004 2002-2004 - Laserfiche WebLink

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Communication 770 Bill 327 Page 2 3. Condition B of Ordinance No. 89-54 required that the applicant file a SMA Use Permit application within one year from the effective date of the ordinance. An administrative extension was granted in April 1991 to afford the applicant more time to comply with this condition. 4. Ordinance No. 91-71, effective on July 1991, amended Ordinance 89-54 by allowing an additional year to comply with Condition B. A second administrative extension was granted in July 1992. 5. The applicant was notified in October 1993 that the deadline to comply with Condition B had lapsed. 6. The applicant, in November 2003, submitted a formal request to amend Condition B of Ordinance No. 91-71. The applicant also reported that several economic and financial factors had caused a delay in compliance with Condition B and that they were now ready to proceed. They also expressed a desire to have both the extension request and SMA Permit application heard simultaneously. 7. Granting of the time extension would not be contrary to the General Plan or for the original reasons for granting the rezoning request based on the following: ^ The General Plan LUPAG Map designates this area as Medium Density Urban and Resort. The Kona Master Plan for Kailua-Kona adopted by Resolution No. 371-98 identifies this area as High Density Residential. This request is not contrary to these designations. At today's meeting, Planning Director Chris Yuen provided this committee with background information about the origins and purpose of Bill No. 327. Mr. Yuen explained the tests applied to and justification for imposing new conditions on an already approved rezoning. According to Mc Yuen, the new conditions proposed in Bill 327 are warranted. An opinion from the Office of the Corporation Counsel dated May 7, 1991 regarding this matter was circulated in the meeting. A letter from the applicant's representative, Sidney Fuke, informing members that he will not be present at today's meeting and discussing various conditions proposed in Bill 327, was also circulated. During discussion, this Committee questioned the rationale and justification for continually allowing extensions. Members of the Committee suggested that there should come a point where the zoning would revert or lapse. Also during discussion, the appropriateness of Condition H was questioned due to the fact that the State usually maintains authority over the preservation of archeological sites. Mr. Yuen reported that the State's area of regulation is normally restricted to the location and preservation of burials only and not other archeological sites. Condition H would apply to other sites as well.