HomeMy WebLinkAboutREP PC 052 11/06/2007 2006-2008 REPORT OF THE
COMMITTEE ON PLANNING
llATE: November 6, 2007 Re: Comm. No. 753Bi11 No. 191
PLACE: Councilroom
Ben Franklin Building
333 Kilauea Avenue, 2"d Floor
Hilo, Hawaii
TIME: 2:30 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 191, reports as follows:
Bill No. 191, transmitted via Communication No. 753 from Mayor Harry Kim, dated
October 17, 2007, presents an amendment to Change of Zone Ordinance No. 94-98 (Condition
"B" -Final Subdivision Approval) by VOLCANO FAIRWAYS DEVELOPMENT
CORPORATION, which rezoned approximately 16.78 acres of land from Agricultural 1-acre
(A-la) and Open (O) to a Single Family Residential 15,000 square foot (RS-15) district.
The property is located adjacent to the Volcano Golf and Country Club Subdivision and the
Volcano Golf Course, Keauhou, Ka`u, Hawaii, TMK: 9-9-6:8.
Applicant requests amendment to Condition "B" fora 5-year extension of time to secure final
subdivision approval for the Volcano Golf & Country Club, Unit V Subdivision. Condition "B"
would be amended to allow that final subdivision approval shall be secured within five (5) years
from the effective date of the amendment.
The Planning Commission concurred with the Planning Director's reasons for recommending
favorable consideration of the proposed amendment. Communication 753 transmits the
following findings and recommendations:
• Applicant received tentative subdivision approval from the Planning Department on
May 3, 1995 (one year from the effective date of Ordinance No 94-98, as required in
Condition B).
• Final subdivision approval, which should have been secured one year from tentative
subdivision approval (May 3, 1996), was not secured due to financial constraints and
internal reorganization efforts. Volcano Fairways Development Corp. is the successor in
interest of HSC, Inc., the applicant under Change of Zone Ordinance No. 94-98.
PC Report No. 52
Communication 753
Bill 191
Page 2 of 2
• The non-performance is the result of conditions that could not have been foreseen or are
beyond the control of the applicant, successors or assigns, and are not the result of their
fault or negligence.
• Granting of the time extension would not be contrary to the General Plan or the Zoning
Code.
• Granting of the time extension would not be contrary to the original reasons for the
granting of the change of zone. The applicant is still committed to completing the
subdivision, and has submitted a fully executed Agreement and Bond for subdivision
improvements.
The Planning Director also recommends that existing conditions of Ordinance No. 94-98 be
revised to reflect the current standard language for conditions of approval.
At the November 6, 2007 Planning Committee meeting, applicant Richard Henderson and his
attorney, Steve Lim were present. Mr. Lim gave a brief breakdown of the proposed project, what
has been completed thus far and an explanation of applicant's request for extension. Mr. Lim
stated that in practical terms, if the request for extension failed, it would result in a voidable
rezoning ordinance which would require the Planning Director to bring forth an ordinance to
downzone the property to ifs original zoning.
Your Committee on Planning concurs with the Planning Commission and Planning Director's
recommendation for approval of the request to amend Change of Zone Ordinance No. 94-98.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 191 and
recommends it pass first reading.
and
AvES rvoes a&e ex Respectfully submitted,
FORD X
RIGA X COMMITTEE ON PLANNING
HOFFMANN X
IKEDA X _ J,~
JACOBSON X /
NAEOLE X K. ANGEL PILAG ,CHAIR
PILAGO X
YAGONG X PC REPORT NO. 52
YOSHIMOTO X ADOPTED: NOV ~ ~ 1007