REP PC 087 07/01/2008 2006-2008 - Laserfiche WebLink

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Communication 1230 Bill 307 Page 2 of 3 i The Planning Director's unfavorable recommendation to applicant's time extension request to comply with Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance No. 97-102, is based on the following: • The non-performance is the result of conditions that could have been foreseen and were not beyond the control of the applicant, its successors or assigns, and that are the result of applicant's fault or negligence. • Condition C of Change of Zone Ordinance No. 97-102 required that applicant secure 'i Final Subdivision Approval within five (5) years from the effective date of the ordinance. I • The 2001 annual progress report stated that the applicant was fully aware that final subdivision approval must be secured on or before July 14, 2002. There has been no subdivision application filed with the Planning Department in compliance with Condition C of Change of Zone Ordinance No. 97-102. j • Condition V of Change of Zone Ordinance No. 97-102 states that should any of the i conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject property to its original or more appropriate 1 designation. II • As a result of the applicant's non-compliance of Condition C, the Planning Director I initiated the rezoning of the property from a Single-Family Residential (RS-15) to a Residential and Agricultural 5-acre (RA-5a) zoned district. At the July 1, 2008 Planning Committee meeting, the following members of the public presented testimony at the Waimea Council Office in opposition of the proposed extension request: Gail Byrne (representing six North Kohala non-profit organizations); Harry K. Ching; Marlene K. 1 Ching, Nancine Lloyd; Lucy Pasco; Clarence K. Kauahi; Mike Isaacs; and Annie K. Akau. JI i Following a brief chronology presented by Planning Director Yuen, he further explained that the request as presented to the Council by the landowner would allow development of approximately 4 50 units on applicant's property. Director Yuen stated there is a parallel bill (Bill 237) that revoked this bill, changing the zoning to Agricultural 5-acre district. He also noted that the Council further amended the A-5a zoning to an Agricultural 15-acre (A-15a) district, which is currently before the Planning Commission. Mr. Yuen stated that given the role and position taken by the Council with respect to the parallel bill (Bill 237), it would seem appropriate to reject the time extension request and take action on the rezoning when it comes back before the Council. t i i } PC Report No. 87 k 1 i f r