2007-03-16 THUSSEY - Laserfiche WebLink

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mauka-makai direction Ala Kahua Drive. The applicant has submitted a final plat map, which were using as a site plan for the presentation. The applicant in this case Elwin F. Hussey has previously submitted a change of zone application, which was approved in 1990. Change of Zone Ordinance 90-008 was approved on February 13, 1990, which changed the zoning from Agricultural 20 Acres to Agricultural 3 Acres for approximately 28 acres. The final plat map shows the proposed layout for this subdivision, which is an 8-lot subdivision, each lot being approximately 3 acres in size. The applicant has previously submitted a time extension request for Condition C, which requires completion of final subdivision approval. This is the third request to the Commission and the Council. On February 12, 2002, Change of Zone Ordinance 02-21 was approved by the County Council to grant a five-year time extension to secure final subdivision approval for the application. Again the applicant is coming before us requesting a five-year time extension for ConditionC.Thereasonfortherequestisthatthewaterlinethattheapplicanthasbeen installing has had several deficiencies, which has caused delays in receiving final subdivision approval. Additionally the applicant states that they had received considerable damage on the property from recent heavy rains that occurred in the area. The applicant has brought some maps, and will be addressing those issues as she comes up. There is a condition Id like to bring to your attention. Condition L, the Planning Director has added an affordable housing condition that will now be effective for this particular rezoning. The Housing Code has been changed, which now triggers when you have a change of zone ordinance for Agricultural lots under 5 acres. Being that this is an Agricultural 3-acre request, the Planning Director has added this particular Condition within the application. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council. Are there any questions? GRAHAM:Commissioners? No? Thank you, Jeff. DOMINGO:I have a question, Mr. Chairman. GRAHAM:Yes, Mr. Domingo. DOMINGO:With regard to Condition L, is that a standard condition that you impose on all Agricultural rezonings? GRAHAM:Mr. Yuen? YUEN:Yes. Since the Chapter 11 change in beginning of 2005, it calls for an affordable housing condition on all rezonings of less than 5 acre lot sizes, so it would apply to an Ag 3-acre request. And as a matter of Departmental policy, and I think its also consistent with the Ordinance, whenever we have a time extension for a project for rezoning, we bring in the current affordable housing condition; we attach this current affordable housing conditions to the rezoning. So for example, there may be an older rezoning that needs a time extension, never had an affordable housing condition, we put the affordable housing condition on it. And that is true in this case. When it was passed, it did not have an affordable housing condition, and we are putting a condition on the time extension. 2EXHIBIT A