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Home My WebLink AboutCOM 0326.000 2022-2024 i -1 OF Lee E.Lord Managing Director Mitchell D.Roth i* Mayor _ Robert H.Command °i:�--.:. tr�TF OF H'' Deputy Managing Director Offirr, of fhr Anpr 25 Aupuni Street,Suite 2603 • Hilo, Hawai'i 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 Fax(808)323-4440 May 18, 2023 r Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Planning Director Initiated Repeal of Change of Zone Ordinance Nos. 98 63 and 95 70 (PL-PDI-2022-000004) Landowners: Kealakekua Mountain Reserve LLC, Kona Hills LLC, Kealakekua Ranch LTD, HCC Farms LLC, and Kealakekua Heritage Ranch, LLC Tax Map Keys: (3) 8-2-012:001, 012, 014 (Por.), 015 and (3) 8-2-001:101 As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor C:\Users\nsauer\Documents\PC\2023 COR\2023-03-16\KMRRepeal\Council Packet\TCouncilKMRRepealPL-PDI-2022-0000041pc Enclosure cc: Planning Department Comm. No. Ref. To'. LkA& ------� County of Hawaii is an Equal opportunity Provider and Employer. P.O. pati t 2 6 2023 ��tvoc°1,sy Mitchell D.Roth :- °: Barbara DeFranco,Chair Mayor Zaheva Knowles,Vice Chair Michael Dela Cruz Lee E.Lard Clement"CJ"Kanuha III Managing Director �r!Fg of N Mahina Paishon-Duarte Michael Vitousek County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center + 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720 Phone(808)961-8288 - Fax(808)961-8742 May 17, 2023 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: Planning Director Initiated Repeal of Change of Zone Ordinance Nos. 98 63 and 95 70 (PL-PDI-2022-000004) Landowners: Kealakekua Mountain Reserve LLC,Kona Hills LLC, Kealakekua Ranch LTD, HCC Farms LLC, and Kealakekua Heritage Ranch,LLC Tax Map Keys: (3) 8-2-012:001, 012, 014 (Por.), 015 and (3) 8-2-001:101 The Leeward Planning Commission ("Commission") forwards the above-referenced Planning Director initiated repeal of Change of Zone Ordinance Nos. 98 63 and 95 70, with its inaction, to the County Council in accordance with Section 25-2-43, Chapter 25 of the Hawaii County Code and Planning Commission Rule 10-2(c)(1)(B), which state that in the event that the Commission fails to act on a zoning amendment initiated by the Planning Director within 60 days after receipt, such inaction shall be considered as an unfavorable recommendation by the Commission, and the amendment shall be submitted through the Mayor to the County Council with such recommendation. The Commission received the subject initiation from the Planning Director on March 8, 2023. The Commission placed the matter on its March 16, 2023, public meeting agenda. At the meeting, two of the five Commissioners in attendance recused themselves due to a conflict of interest, which resulted in a loss of quorum, and the Commission was unable to hear or act on the matter. Neither was the Commission able to secure a quorum to hold a hearing at the following April 20, 2023, meeting with having one vacant seat and the remaining member also recusing due to a conflict of interest. The prescribed 60-day period has lapsed as of May 8, 2023. Hcnvai`i County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council County of Hawaii May 17, 2023 Page 2 The Planning Department's background report and recommendation report, which includes a draft bill to repeal Ordinance Nos. 98 63 and 95 70, are available for review at the following Laserfiche WebLink address: The Commission received oral testimony an the matter at the March 16, 2023, meeting, and the transcript is available for review at the following Laserfiche WebLink address: i 1�. �, { ,, ,� -- 1C 5.,,'I" t?I"Ca.� 1�ttl'i 11 t)i131c {7, yy b I72k a ! i1' 1 - t��:?'Ro,,,'].�1SDX— Should you have any questions, please contact Maija Jackson of the Planning Department at (808) 961-8159 or by email at hj2jg Sincerely, Zaj,,,,,'K, i NI U,TE3 0611 H cTj Zaheva Knowles, Vice Chairperson Leeward Planning Commission \\CQH01\planning\publicA,�vpb0\PC\PCC2023-2\LKMRRepealPL-PDI-2022-0000041pc cc via email: Gregory Hendrickson, Esq., Kealakekua Mountain Reserve,LLC Mr. Ferrell Daste, Kona Hills, LLC Ms. Meg Greenwell, Kealakekua Ranch, Ltd Mr. Tyler Zimmer, HCC Farms, LLC Mr. Tom Pace, Kealakekua Heritage Ranch,LLC Department of Public Works Department of Water Supply Jean Campbell, Esq., Counsel to the Planning Department Sinclair Salas-Ferguson, Esq., Counsel to the Leeward Planning Commission