HomeMy WebLinkAboutREP PC 026 06/05/2001 2000-2002 REPORT OF THE
COMMITTEE ()N PLANNING
DATE: June 5. 2001 Re: C-230/Bill No. 68
PLACE: Councilroom
TIME: 10:11 a.m.
Chair and Members
Hawaii County Council
Hilo. Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 68, transmitted by Mayor
Harry Kim per Communication No. 230, dated May 23, 2001, regarding the Change of "Lone
amendment request by I3ig Islaa~d Coumto-g~ Cl:~b ~ Estates, at Pu`uanahulu Homesteads, North
Kona, Hawaii, TMK: 7-1-05:9,10, 22, 26, 28-34, 39, 40, 41, 58 and 59, reports as follows:
Bill No. 68 amends Ordinance No. 00-105, by amending Condition M. The applicant is seeking
a time extension to complete the community park, construction of the recreational center, as well
as commence and complete construction of the volunteer fire station. Originally approved as
Ordinance No. 94-78, it was amended further by Ordinance Nos. 99-79 and 00-105.
The subject property, owned in fee by the applicant, is located on the northwest side of
Mamalahoa Highway opposite the Puu Lani Ranch Subdivision.
On July 6, 1994, Ordinance No. 94-78 rezoned approximately 425.69+ acres of land from an
Unplanned (U) to an Agricultural (A-1 a) zoned district; however, the effective date of the
rezoning was July 3, 1996, when the applicant complied with Condition B regarding the
establishment of a water source. Also on July 3, 1996, Tentative Subdivision Approval was
issued for revised Subdivision Application No. 90-189 fora 121-lot subdivision. The pending
subdivision does not exceed the 106 agricultural lots as limited by Condition C of Ordinance
No. 94-78 and, accordingly, Final Subdivision Approval shall be secured by July 3, 2001.
On December 9, 1997, the Planning Director, pursuant to the Community Benefit/Impact Fee
requirements Agreement, granted the time extension until December 31, 1998, to complete the
full construction of the proposed facilities as required by Special Permit No. 863, Use Permit
No. 74 and Condition M of Ordinance No. 94-78. A condition of this agreement permitted the
partial opening of the golf course on January 1, 1998. On June 25. 1998, the applicant and the
Planning Director executed an Agreement for the interim opening of the golf course and the
deferral of pertinent conditions of Ordinance No. 94-78.
On November 23, 1998. the applicant requested to amend Condition No. 4 of Use Permit No. 74,
which would increase the park area from 4.4 acres to approximately 10 acres for a passive and
active recreational area. On June 23, 1999, the County Council approved Ordinance No. 99-79,
which amended Condition M (complete construction of proposed facilities), and required the
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applicant to subdivide and convey approximately 10 acres to the Pu`uanahulu Community
Association or designee within six months from the effective date of the ordinance or by
December 23, 1999.
On January 6, 2000, the Planning Director granted a time extension to June 23, 2000 to complete
final subdivision approval and to convey, record and title search the property. On January 18,
2000, Final Subdivision Approval was granted for the Pu`uanahulu Community Park site. On
April 20, 2000, the Warranty Deed dated February 20, 2000, conveyed the 10-acre park site to
the Pu`uanahulu Community Association. In July 2000, the Building Permit Application was
submitted by the Pu`uanahulu Community Association.
On August 7, 2000, the Planning Director issued the Final Plan Approval and the Planning
Department staff approved the building permit application.
On September l8, 2000, Ordinance No. 00-105, .vhich amended Condition M and M(2) was
approved. The Planning Director, on Apri] 12, 2001, responded to the applicant's request to
amend Condition C of Ordinance No. 00-105 and granted an extension of time to July 3, 2001, to
comply with Condition C stating that non-performance is the result of conditions which could not
have been foreseen and is not the result of fault or negligence.
In a March 29, 2001, letter the applicant further amended its request to state that the completion
date of the Park and Community Center would be November 30, 2001, and the Volunteer Fire
Station will begin work by September 1, 2001, and complete the work by February 1, 2002.
The State Land Use classification is "Agricultural". The LUPAG Map designation is "Intensive
Agricultural" and "Extensive Agricultural".
The subject property is not situated within the Special Management Area boundary.
Access to the property is from Mamalahoa Highway. Water and all other essential utilities and
services are or will be made available to the property. Individual wastewater disposal systems
will meet with the requirements of the Department of Health and solid waste will be disposed of
at the Pu`uanahulu County landfill.
Committee Member Curtis Tyler reiterated some of the conditions and had them clarified by the
applicant's representative, Sidney Fuke.
Your Committee did not entertain further discussion on this measure.
For informational purposes only. on the final vote. Committee Member Nancy Pisicchio voted
"Kanalua" twice.
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Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration for the Change of Zone request.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 68, and
recommends it pass first reading.
AYF,S NOES A & k'. EX
I.EITHr;AD-TODD X Respectfully submitted
rY1.k.R x
ARAKAKI X COMMITTEE ON NNI
Ck1UNG X ~_~C'C~
k;1,ARIONOFF X
JACOBSON X BOB JEAN LEITHEAD-TODD, CHAIR
PISICCHIO X PC REPORT NO. PC-26
SMITH X
YAGONG X ADOPTED: JUG 2 0