HomeMy WebLinkAboutREP PC 074 05/16/2006 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
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DATE: May 16, 2006 Re: Comm. No. 688/Bill No. 225
PLACE: Council Chambers
TIME: 1:30 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 225, transmitted via Communication No.
688 from Mayor Harry Kim, dated February 3, presents an Amendment to Certain Conditions for Land
Proposed For Change of Zone filed by Hiluhilu Development, LLC, requested by Planning Director,
reports as follows:
Bill No. 225 seeks to amend Section 25-A-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning
Code) of the Hawaii County Code 1983 (2005 Edition), relating to modifications of the Conditions of
Ordinance No. 93 45, and further amending the Ordinance by deleting Tax Map Key 7-2-05:1. The
remaining area of 273.82 Acres is retained as Agricultural (A-3a) at Kau, North Kona, Hawaii, covered
by Tax Map Key 7-2-15: I-43, 46-86.
Communication No. 688 reports that the Hawaii County Planning Commission considered the Planning
Director's request and accompanying Bill No. 225 on January 20, 2006, as required by the Hawaii
County Charter, Chapter 4, Section 6-4.3(C). The Commission concurred with the Planning Director's
reasons for recommending favorable consideration of the request and can be summarized as follows:
1. Ordinance No. 93 45 includes the Makalei Estates Subdivision (272+ acres) and approximately
450 acres of land owned by Hiluhilu. Should the accompanying Change of Zone application filed
by Hiluhilu be approved by the Council, the land owned by Hiluhilu would be deleted from
Ordinance No. 93 45.
2. Makalei Estates Subdivision would then be the only area covered under Ordinance No. 93 45 and
will still retain an Agricultural 3-acre (A-3a) zoned district.
3. The original request for Change of Zone for 727.8 acres from Unplanned to Agricultural 3-acre
(A-3a) was approved effective February 15, 1985 resulting in Ordinance No. 850.
4. Conditions that would no longer be applicable to the remaining area covered under Ordinance No
93 45 or those conditions that have already been satisfied will be deleted and some of the deleted
conditions, particularly regarding construction of certain roadways, aze proposed for inclusion in
the Hiluhilu Project District Ordinance.
At the March 21, 2006 meeting, Committee Vice Chair Pete Hoffmann noted this matter is similarly
related to the Hiluhilu Project District Ordinance and therefore requested that it be brought forward for
public hearing as well.
Council Vice Chair Virginia Isbell asked that the applicant come forward at the public hearing with
updated information what affordable means. She also requested that applicant provide evidence that the
PC REPORT N0. 74
Communication 688
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Page 2 of 2
understanding between the applicant and the Board of Regents of the University of Hawaii will be
honored.
This matter was postponed for public hearing beheld in Kona, the date and time of which will be
arranged by Committee staff.
A public hearing was held on April 26, 2006 at the Kealakehe High School cafeteria. There were
approximately 28 members of the community who provided oral testimony and approximately 24 people
who submitted written testimony regarding Bill No. 225 and companion Bill No. 224.
At the May 16, 2006 Planning Committee meeting, public testimony was received in Kona from Mr.
Lawrence Johnson in opposition and from Mr. Curtis Tyler in support of this measure.
Committee Vice Chair Hoffmann noted his kanalua votes on Bill No. 224 and Bill No. 225 were based
solely on the proposed amendments discussed and the determination there there is no liability, at least
from the Corporation Counsel standpoint due to any type of a road situation or problem.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 225 and recommends it
pass first reading.
and
AYES NOES A&E EX Respectfully submitted,
ARAKAKI x
HIGA x COMMITTEE ON PLANNING
HOFFMANN x
HOLSCHUH x C'~~
IKEDA x
ISBELL x
JACOBSON x K. ANGEL AGO, CHAIR
PILAGO x PC REPORT NO. 74
SAFARIK x ADOPTED: ~UN