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Home My WebLink AboutCOM 0896.000 2022-2024 oJ�tvfes�, + Deanna S.Sako " , �,,'e' Managing Director Mitchell D.Roth +c r ': t' „��:*' Mayor •_ • — Robert H.Command +r M�� 44�, Deputy Managing Director Count of Ratuii`i Office a >e411avor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 C) Q GJ May 8, 2024 VAJ : Heather Kimball, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Members: SUBJECT: Change of Zone Amendment Application (PL-REZ-2022-000033) Amendment to Change of Zone Ordinance No. 02 131 Request:' Ten (10)-Year Time Extension to Condition I (Complete Construction of the First Increment on RM Zoned Lands) and Amendment to Clarify Condition N (Roadway Standards) Applicant: Kona Three, LLC Tax Map Key: (3) 7-6-021:016 and 017, North Kona, Hawaii As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor • TCouncilKonaThreeLLCPL-REZ-2022-0000331pc Enclosures cc: Planning Department Comm. No. b"1 Ref. To: Iif��llf ON IA 1 Co 61? IAY 2 • County of Hawaii is an Equal Opportunity Provider and Employer. Ref, Dote Mitchell D.Roth Barbara DeFranco,Chair Mayor a.4'r.'4: Mahina Paishon-Duarte,Vice Chair • i Dean Au Deanna S. Sako = 1*' _ Michael Dela Cruz Managing Director •f,T .,,+, � Clement"Cr Kanuha III County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 May 08,2024 Heather Kimball, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: . • SUBJECT: Change of Zone Amendment Application (PL-REZ-2022-000033) Amendment to Change of Zone Ordinance No. 02 131 Request: Ten (10)-Year Time Extension to Condition I(Complete Construction of the First Increment on RM Zoned Lands) and Amendment to Clarify Condition N (Roadway Standards) Applicant: Kona Three,LLC Tax Map Key: (3) 7-6-021:016 and 017,North Kona,Hawaii The Leeward Planning Commission (Commission) forwards the above-referenced application, with its inaction, to the County Council in accordance with Section 25-2-42(d)(3) of the Zoning Code, which states that the Commission has ninety (90) days from receipt of the application from the Planning Director, unless a longer period is agreed. to by the applicant, to transmit its recommendation to the County Council and that if the Commission fails to act within that period of time, the application shall be considered an unfavorable recommendation by the Commission, and the application shall be transmitted through the Mayor to the County Council with such recommendation. On June 21, 2022, the Planning Department accepted the subject application from Kona Three LLC to amend Change of Zone Ordinance No. 02 131 to request a 10-year time extension to Condition I (Complete Construction of the First Increment on RM Zoned Lands) and to amend Condition N (Roadway Standards). The Deputy Planning Director provided the application and his recommendation to the Commission on December 1, 2022. The Commission considered this application at its December 15, 2022 hearing and voted to defer action until the County of • Hawai'i County is an Equal Opportunity Provider and Employer Heather Kimball, Council Chair and Members of the County Council May 08, 2024 Page 2 Hawai`i Cultural Resources Commission (CRC) had the opportunity to review the application. The CRC reviewed the application beginning in March 2023 and completed their review and provided a recommendation on July 21, 2023. The applicant spent eight months assembling additional information in response to the CRC's recommendation and the application was scheduled for a hearing before the Leeward Planning Commission on March 21, 2024. However, this meeting was cancelled on March 8, 2024, due to a lack of quorum. In their letter dated March 18, 2024, the applicant requested the Commission transmit the application to the County Council with an unfavorable recommendation. Based on this request, and in accordance with Section 25-2-42(d)(3) of the Zoning Code, the Commission has failed to act on this application within the time period prescribed in the Zoning Code and is transmitting the application through the Mayor to the County Council with an unfavorable recommendation. A hardcopy of the draft bill to amend Ordinance No. 02 131, as recommended by the Deputy Planning Director, will be provided to the County Council for their consideration and action. The Planning Department's background report(including the application) and recommendation report, which includes a draft bill to amend Ordinance No. 02 131, as well as the PowerPoint presentation, public testimony, and the Cultural Resources Commission's recommendation letter are available for review at the following Laserfiche WebLink address: https://records.hawaiicounty.gov/WebLink/1/fol/120105/Row l.aspx Please be aware that any information received after the December 15, 2022 Leeward Planning Commission meeting was not reviewed or considered by the Commission. The minutes of the December 15, 2022 hearing are available for review at https://records.hawaiicounty.gov/weblink/1/doc/122050/Pagel.aspx Should there be any questions, please feel free to contact Planning Program Manager, Maija Jackson at(808) 961-8159. Sincerely, EaYb v-i Y eT oico Barbara DeFranco(May 8,2024 05:49 HST) Barbara DeFranco, Chairperson Leeward Planning Commission P\wp60\PC\PCC2024-2\LKonaThreePL-REZ-2022-033 Enclosure: Draft Bill IV Heather Kimball, Council Chair and Members of the County Council May 08, 2024 Page 3 cc via email w/draft bill: Daryn Arai, Land Use Planning Consultant Richard Wheelock, Kona Three, LLC Jean Campbell, Esq., Deputy Corporation Counsel Suzanna Tiapula, Esq., Deputy Corporation Counsel Leeward Planning Commission Office of Housing and Community Development Department of Public Works Department'of Water Supply Department of Environmental Management