2007-07-20 TKOHALA - Laserfiche WebLink

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ALAMEDA: All right, Fellow Commissioners, we’re at Agenda Item 2 and potentially 3. According to Corp. Counsel we have an opportunity to combine Agenda Items 2 and 3 because they’re contingent. And I’d like to turn it over to Mr. Darrow for his explanation of why we could combine 2 and 3. Jeff? DARROW: Thank you, Mr. Chairman. The Agenda Item Nos. 2 and 3 are related to each other. Agenda Item No. 3 is a time extension request from Kohala LLC requesting a 5-year time extension to Condition C of Rezone 97-102 and also Condition 4 of Special Management Area Use Permit No. 379. And basically these are both the same conditions, just in two different permits, that they be able to secure final subdivision approval. The Agenda Item No. 2 is initiated by the Planning Director to change the zoning of this property, as well as to revoke Special Management Area Use Permit 379. Before I get into too much detail, I’d like to just give a brief presentation of the location of these applications. These applications are occurring in the North Kohala District of Hawaii, more specifically we’re looking at the Akoni Pule Highway running in a north/south direction. Kawaihae would be located in approximately this area. Hawi would be located in this area. We have Kohala Ranch Subdivision and other agricultural subdivisions in this particular area. And the area that we’re looking at for these applications is identified with a blue dot. The zoning of this property at this time is Single-Family Residential 15,000 square feet. Around this particular property we have Agricultural 5 acres identified with light green. The darker green is Agricultural 20 acres. The light blue is Agricultural 3 acres; and the darker blue is Agricultural 40 acres. We also have an area that has come in previously for a Change of Zone to Multiple-Family 4,000 square feet, as well as received a Special Management Area Use Permit. Additionally, we’ve had a Special Management Area Use Permit on the properties just to the south which had come in for a subdivision to break up these parcels into 5-acre lots. And then there’s one bulk lot remaining. The applicant in this case, again, we have two applicants, but Kohala LLC who owns the property at this time is requesting a time extension to Condition C of Change of Zone Ordinance No. 97-102 and Condition 4 of Special Management Area Use Permit 379. These permits were approved in 1997. They were approved on different dates. July 14, 1997 is the effective date for the Change of Zone Ordinance and August 8, 1997 is the effective date for the Special Management Area Use Permit. Both of these have similar conditions stating that the applicant needs to secure final subdivision approval within 5 years from the effective date of those permits. The previous owner and the current owner up to this point had not submitted a subdivision plan as well as a request for a time extension on these conditions. Usually what happens is if the applicant is not able to meet these conditions within the time allotted then they request an administrative time extension which is allowed through the conditions of these permits. The applicant and the previous owner in this particular case did not do this. So it’s the Planning Director’s position that once this is not done then in all actuality these permits are no longer valid. The applicant recently, almost ten years after the fact, has come in and is requesting a time extension for these two conditions. Just to go into detail briefly about the Planning Director’s initiative, the Planning Director is initiating a change of zone to be able to change this property from its currently zoned Single Family Residential 5,000 square feet to Residential and Agricultural 5 acres or RA-5a. And, again, the main reason for this is spelled out in the recommendation where there have been two Senate Concurrent Bills, I believe, 146 and 179 that have requested and urged retention of these EXHIBIT A 2