REP PC 004 12/16/2008 2008-2010 - Laserfiche WebLink

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Communication 89 Bi1128 Page 2 of 3 6. The Planning Director recommended favorably on this request based on the following: • The proposed change of zone request will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. • The Land Use Pattern Allocation Guide (LUPAG) Map designates this azea as Important Agricultural Land. • The State Land Use designation for the property is Agricultural and the proposed change of zone would complement the existing uses in the area. • The Change of Zone request is not contrary to Chapter 205A, Hawaii Revised Statutes relating to Coastal Zone Management as the subject property is not located in the Special Management area. The site is located approximately nine (9) miles mauka of the shoreline and will not be impacted by coastal hazard and beach erosion. • There are no valued cultural, historical or natural resources.that exist on the property and no evidence of any traditional and customary native Hawaiian rights being practiced on the site. It is not anticipated the proposed request will have any adverse impact on cultural or historical resources in the azea. At the February 6, 2007 Planning Committee meeting, the Chair noted a written request by Mr. Greg Mooers, applicant's Consultant, to defer this matter until the North and South Kona Community Development Plan is adopted by ordinance, or until September 1, 2007, whichever shall occur first. This matter was further postponed at the request of the applicant until the adoption of the Kona CDP by ordinance or until December 1, 2008. The North and South Kona Community Development Plan was subsequently adopted by ordinance and this matter was placed on the December 16, 2008 Committee on Planning agenda. At the December 16, 2008 Planning Committee meeting, there was no public testimony. There was very little discussion by your Committee members, as most of their concerns were addressed in the prior discussion regarding Bill 2. When questioned by Council Member Brenda Ford, Acting Planning Director Arai indicated that if more than 20 percent of the forested lands were removed, there were no fines, per se, but the Council has the authority to return the zoning to its original zoning. Council Member Ford asked Mr. Arai to check with Corporation Counsel to see what can be done about fining those who violate the terms and conditions of the rezoning applications. Mr. Greg Mooers informed your Committee that in the past, if landowners were caught violating the terms and conditions of their application, they were forced to re-forest their lands. Mr. Mooers added that the Planning Deparirnent has been very vigilant in monitoring the activities in the subdivision. Council Member Ford stated that she planned to bring Corporation Counsel to the next meeting to answer her concerns. , Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. PC Report No. 4