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REPORT OF THE <br />CONIMTTTEE ON PLANNING <br />DATE: November 6, 2008 <br />PLACE: Sheraton Keauhou Bay Resort and Spa <br />78-128 Ehukai Street <br />Kahua-Kona, Hawaii <br />TIlVIE: 9:15 a.m. <br />Council Chair and Members,. <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Re: Comm. 1539/Bi11390 <br />Your Committee on Planning, to which was referred Bi11390, reports as follows: <br />Bill 390, transmitted via Communication 1539 from Mayor Harry Kim, dated October 20, 2008, <br />presents an amendment to Conditions C and E of Change of Zone Ordinance No. 95-119, by <br />OHANA KOHALA TRUST, which rezoned 24.9 acres of land from an Agricultural 20-acre <br />(A-20a) to an Agricultural - 3 acre (A-3a) district. <br />The property is located along the south side of Ala Kahua Drive, approximately 7,650 feet east <br />of the Ala Kahua Drive-Akoni Pule Highway intersection, Kohala Estates Subdivision Unit 1, <br />Kahua 1~ and Waika, North Kohala, Hawaii. <br />Applicant is requesting an amendment to Condition "C" (Final Subdivision Approval) and <br />Condition "E" (Access) of Change of Zone Ordinance No. 95-119. Applicant is requesting a <br />five-year extension of time to comply with Condition C and obtain final subdivision approval. <br />Applicant is also requesting an amendment to Condition "E" that currently allows only one <br />access to the proposed subdivision from Ala Kahua Drive. The proposed amendment provides <br />that access to the subdivision not be from Ala Kahua Drive but that any such access shall comply <br />with the Subdivision Code and meet with the approval of the Department of Public Works. <br />The Planning Commission concurred with the Planning Director's reasons for recommending <br />favorable consideration of the proposed amendments and the Director's recommendation is <br />based on the following: <br />• The non-performance is the result of conditions that could not have been foreseen or are <br />beyond the control of the applicant, successors or assigns, and aze not the result of their <br />fault or negligence. <br />• Granting of the time extension would not be contrary to the General Plan or the Zoning <br />Code. <br />Granting of the time extension would not be contrary to the original reasons for the <br />granting of the change of zone. <br />PC Report No. 101 <br />