2007-12-12 TKOHALA LLC - Laserfiche WebLink

Home

should be on your tables, I hope that you’ve gotten, where I suggested that action be deferred until the January 11, 2008, meeting which is the next West Hawaii meeting. I can then give a little longer background on where we are and what is in front of the Planning Commission here. So just briefly -. There was a question? Yes? WATANABE: Yeah, I -. GRAHAM: Commissioner Watanabe, you had a question? WATANABE: I’m wondering if, I understand what is going on, but I’m wondering if it’s going to help to expand upon the discussions or lack of discussions that have gone on between the applicant and the Planning Department. GRAHAM: I think we should, personally I think we should just go ahead with Mr. Yuen’s commentary now, and then once we have everything spoken, we can, you know, discuss more on where I think you might be coming from, if that’s okay. WATANABE: Okay. GRAHAM: Go ahead, Mr. Yuen. YUEN: Okay. What this, to start with the beginning, in 1997 there was an application, this is, concerns the 38-acre property on the North Kohala shoreline, roughly across from the entrance to the Kohala Estates Subdivision. It was, in 1997 at the landowner’s request, it was rezoned from Agricultural 5-acres to Residential 15,000-square foot lots. At the same time the Planning Commission approved an SMA permit which would allow a maximum of 50 lots to be developed there. The rezoning ordinance and SMA permit both had time conditions requiring that final subdivision approval be obtained within 5 years; that would have been July of 2002. There was a provision for one administrative time extension in that, which would have been July of 2007. No request for the administrative time extension was actually made, and no plans for either for preliminary subdivision approval have been submitted. So naturally, final subdivision approval was not obtained. In late May 2007, I initiated a revocation of the SMA permit and an ordinance which would change the zoning essentially to what had been before, which would be RA-5a, which is 5-acre minimum lot size. Shortly thereafter the applicant initiated a request to extend the time on the SMA permit and on the rezoning. So what the Planning Commission has in front of it is two of these related actions. And the extension of time on the zoning would have to go, or the change of zoning, both of those eventually would have to be decided by the County Council; the Planning Commission provides a recommendation to the Council on those. The SMA permit, the Planning Commission would make the final decision on either extending time or revoking it. However, if the Planning Commission extended time on the SMA permit and the Council changed the zoning, then the SMA permit would become void because of inconsistency with the zoning. GRAHAM: Yes, Commissioner Siracusa? SIRACUSA: And if it was the other way around? GRAHAM: The Council only takes action on the zoning. EXHIBIT A 3