REP PC 082 04/08/2008 2006-2008 - Laserfiche WebLink

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Communication 998 Bill 237 Page 2 of 6 The Planning Director's reasons for a favorable recommendation of the change of zone and ordinance repealing Ordinance 91-102 is based on the following findings and recommendations: • Condition C of Change of Zone Ordinance 97-102 required applicant to secure Final Subdivision Approval within five (5) years from July 14, 1997, the effective date of the ordinance. • No subdivision application has been filed with the Planning Department and neither the prior applicant nor the present applicant requested an administrative extension of time to comply (allowed under Condition U), until almost ten (10) years after approval of the zone change. • By letter dated May 31, 2007 the Planning Director informed the applicant that because of an almost ten years of inaction, and no request for an administrative time extension, he would be initiating a rezoning of the property from RS-15 to a Residential and Agricultural 5-Acre (RA-5a) district and also a revocation of SMA Use Permit No. 379: • More important than non-compliance, Director Yuen stated the revocation action is being initiated in response to resolutions from the State of Hawaii Senate, Fourteenth Legislature, the Senate of the Twenty-First Legislature, the goals and policies of the Natural Beauty element of the General Plan, and the North Kohala community's desire' for preservation along the coastline. • Senate Concurrent Resolution No. 179, H.D. 1 (adopted in 1988) and Senate Concurrent Resolution No. 146, S.D. 1 (adopted in 2001) were passed urging the retention of view and open space makai of Kawaihae-Mahukona-Hawi Road from Kawaihae to Upolu Point and for the retention and preservation of open space and view planes, historic site's, and traditional access along the coastline of the North Kohala District. • Resolution No. 219-86, the previous community development plan for North Kohala, designated the area "unplanned" and encouraged retention of view planes from major highways which may affect the vistas along Akoni Pule Highway from Kawaihae to Hawi. • More recently, Resolution 44-07 was duly adopted temporarily delaying Council action in rezoning of agricultural land to lot sizes less than 20 acres, pending adoption of the North Kohala Community Development Plan by ordinance, or until February 22, 2008, whichever shall occur first. This resolution, while not directly affecting the subject property, is further evidence of the interest in protecting open space in North Kohala. • The action to rezone the subject property from RS-15 to an RA-5a designation results in a more appropriate zoning for the area and therefore the Director is also initiating the revocation of Special Management Area Use Permit No. 379. At the March 11, 2007 Planning Committee meeting, Ms. Gail Byrne, spoke on behalf of six North Kohala non-profit groups representing 400 families in North Kohala in support of the Director's recommendation to repeal and for rezoning back to an Agricultural 5-acre (A-5a) designation. Ms. Byrne stated that the scale of damage to water quality off of this development exceeds that of Hokulia and has heard that sedimentation up to 18 inches on the reef has previously occurred. Ms. Byrne recommended that the Council further amend the ordinance and PC Report No. 82