2016-12-01 Hearing Transcript - PD Initiated SLU 16-046 & REZ 16-214

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The reasons for the action, just to give some background on this, previously in this particular area, there was aback in the nineties, there was a project called the Aman Resort, and there was quite a number of changes that occurred to the zoning—as County zoning, State Land Use zoning in the area to be able to allow that project to go forward. In early 2000's, it was apparent that, that project was not going to go forward, so a new owner came forward for the subject properties, Tom Heers, who was representing Trees of Kukuihaele. He requested that that particular, those three parcels, remain in Resort -Hotel to do a project called Trees of Kukuihaele. That project did not also go forward so currently, these three properties are encumbered by this ordinance that has very strict conditions that the Applicant cannot comply with; mainly, being able to supply the needed water, County water, to the properties. There are other conditions that because of that, they could not comply with as well. But, back to our presentation. The Change of Zone Ordinance 01-22 was approved for the Trees of Kukuihaele development by the Hawaii County Council in 2001, but a number of the conditions have not been fulfilled including Condition C, securing and paying water commitment fees; Condition D, securing either final subdivision or final plan approval, as well as other conditions. The new owner is not pursuing the proposed development, and the project has essentially been abandoned. There is only one water meter available for each of the three parcels. The representative of the current owner of the subject properties suggested the downzoning of the properties to RS -5 acre and RS -10 acre. Here are some site photos of the area. This is on the eastern portion of the Old Government Road as you're coming off the highway travelling towards the subject properties or travelling west. So, this is the Old Government Road. This is the social hall that is on parcel 3. This is the Old Government Road with the access. I believe this access is on the middle parcel, but it provides access to the parcel on the west end that has the Old Manager's Plantation House. This is a photo of the larger property that has the Manager's Plantation House, and this is a closer view of that historic structure. This is a photo of looking east towards Honoka`a on Highway, Honoka`a-Waipio Highway, with the subject properties on the left side. The Planning Director is recommending that the Commission forward a favorable recommendation to the Hawaii County Council for both the State Land Use Boundary Amendment and the Change of Zone request. Just for your information, because of the fact that this is being downzoned to such a low density, the Planning Director, as part of the ordinance, is repealing Ordinance 01-22 as well as the conditions that were attached to that so they would no longer be encumbered on these properties. With that, that concludes our presentation. If there are any questions, I'm more than happy to answer them. Thank you. EXHIBIT C 3