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<br /> <br /> <br /> <br /> <br /> REPORT OF THE <br /> COMMITTEE ON PLANNING <br /> <br /> <br /> DATE: April 8, 2008 Re: Comm. 998/Bill 237 <br /> PLACE: Councilroom <br /> Ben Franklin Building <br /> 333 Kilauea Avenue, 2nd Floor <br /> Hilo, Hawaii <br /> TIME: 10:00 a.m. <br /> <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> <br /> Your Committee on Planning, to which was referred Bill 237 reports as follows: <br /> <br /> Bill 237, transmitted via Communication 998 from Mayor Harry Kim, dated January 29, 2008, is <br /> a Planning Director Initiated request to repeal Ordinance No. 97-102 and amend <br /> Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning <br /> Code) of the Hawaii County Code 1983 (2005 Edition) by changing the District Classification <br /> from Single Family Residential - 15,000 square feet (RS-15) to Residential and Agricultural - <br /> 5 acre (RA-5a) at Kahua Ig, North Kohala, Hawaii, covered by Tax Map Key 5-9-001:008. <br /> <br /> Bill 237, initiated by the Planning Director, is a change of zone for 37.88 acres of land from <br /> Single Family Residential - 15,000 square feet (RS-15) to a Residential and Agricultural - 5 acre <br /> (RA-5a) district and the repeal of Ordinance No. 97-102 that earlier rezoned the 37.88 acres of', <br /> land from an Agricultural - 5 acre (A-5a) to a Single Family Residential - 15,000 square foot <br /> (RS-15) district. <br /> <br /> Communication 998 reports that the Hawaii County Planning Commission, as required by <br /> Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on January 11, <br /> 2008. The Commission's motion to send an unfavorable recommendation to the Council on both <br /> the Planning Director's change of zone and the request to repeal Ordinance 97-102 received four <br /> votes. Because five votes are required for the Commission to take action, a four to two vote <br /> constituted "no action" and the "no action" itself, constituted an unfavorable recommendation. It <br /> is noted that on July 20, 2007 the Planning Commission voted 3-3 on sending a favorable <br /> recommendation on the proposed rezoning. <br /> <br /> Communication 998 further notes that applicant Kohala LLC, subsequently filed an amendment <br /> to Condition C (time to secure final subdivision approval) of change of zone Ordinance <br /> No. 97-102, requesting an extension of time to fulfill that condition. At the January 11, 2008 <br /> Planning Commission meeting, the hearing was continued to the March 20, 2008 Planning <br /> Commission meeting in West Hawaii, with consent of the landowner. <br /> <br /> <br /> <br /> <br /> PC Report No. 82 <br />