HomeMy WebLinkAboutREP PC 099 07/30/2002 2000-2002 REPORT OF THE
COMMITTEE ON PLANNING
DATE: July 30, 2002 RE: C-692 /Bill No. 246
PLACE: Councilroom
TIME: 2:40 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 246, transmitted by Mayor Harry
Kim, per Communication No. 692, dated July 1 1, 2002, regarding the Planning Director
initiated reduest to repeal Ordinance No. 93-65, at Puukapu, Waimea, South Kohala, Hawaii,
TMK: 6-4-24: portion of 27, reports as follows:
Bill No. 246 repeals Ordinance No. 93-65, which amended Section 25-8-1 1 (formerly 25-95E)
(Lalamilo-Puukapu Zone Map), Article 8, Chapter 25 (Zoning Code), by changing the district
classification for approximately 3.101 acres of land from an Agricultural (A-Sa) to a
Neighborhood Commercial (CN-7.5) zoned district. By repealing Ordinance No. 93-65, Bill
No. 246 will restore the zoning from the current CN-7.5 to the original A-Sa zoning.
The rectangular shaped lot ,owned in fee by the WVFE Partnership, lies on the southern side of
Mamalahoa Highway, approximately 2,000 feet from its intersection with Kamamalu Street.
Since Ordinance No. 93-65 took effect on June 22, 1993, the Planning Director acknowledged
receipt of eight copies of the preliminary subdivision map and a filing fee of $21.00 for athree-
lot subdivision on March 4, 1994. On June 9, 1994, the Planning Director granted tentative
approval for Subdivision No. 94-37, and on May 8, 1995, the Planning Director acknowledged
receipt of nine copies of the final subdivision plat map reflecting the three lot subdivision.
On June 28, 2001, in a letter from WVFE Partnership, Alvin T Ito, Esquire representative for
WVFE, requested an extension of time to comply with Ordinance No. 93-65. The Planning
Director then responded on July 18, 2001 that because a significant amount of time had passed
beyond the compliance deadlines, an administrative extension of time cannot be granted.
On January 24, 2002, a letter from Alvin T Ito, Esquire authorized lan Langevin and Carol
Langevin, perspective purchasers of the property, to rescind Ordinance No. 93-65. Ian Langevin
submitted a letter on February 6, 2002 to rescind Ordinance No. 93-65 because none of the
conditions had been complied with. On March 22, 2002, Alvin T Ito stated in a letter that WVFE
Partnership has no objections to the rescinding of Ordinance No. 93-65.
PC-99
PC-99 - 2 - July 30, 2002
Your Committee concurs with the findings of the Planning Commission and the Planning
Director that:
"Ordinance No. 93-65, effective June 22, 1993, reclassified 3. l O1 acres of land from
Agricultural (A-Sa) to Neighborhood Commercial (CN-7.5). Final approval for the 3-lot
subdivision has not been secured within the required three (3) years or by June 22, 1996. On July
18, 2001, a request for an extension of time, as allowed by Condition O, was denied since the
request was submitted beyond the deadline for compliance. Subsequently, Alvin T. Ito, Esq. and
Ian Langevin submitted letters requesting to rescind Ordinance No. 93-65 as there are no
intentions to proceed with any commercial development."
Your Committee did not entertain any discussion on this measure.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration of the repeal of Ordinance No. 93-65 due to
noncompliance with the conditions of Ordinance No. 93-65, and at the request of the current and
prospective landowners.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 246, and
recommends it pass first reading.
AYE NOES A & E EX
S
L,EITHEAD-TODD X Respectfully submitted.
TYLER X COMMITTEE..ON P NING
ARAKAKI X
ELARIONOFF X ~ ~J
`f3~~JEAN LEITHEAD-TODD. AIR
JACOBSON X
PIS[CCH10 X PC REPORT NO. q ~9
SAFARIK X ADOPTED: i'iUJ 1 ZOO
YAGONG X - - _