HomeMy WebLinkAboutREP PC 058 12/04/2007 2006-2008 REPORT OF THE
COMMITTEE ON PLANNING
DATE: December 4, 2007 Re: Comm. No. 292.2 (2002-2004)
PLACE: Councilroom Bill No. 44, Draft 2
Ben Franklin Building (2000-2002)
333 Kilauea Avenue, 2"d Floor
Hilo, Hawaii
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. 44, Draft 2, reports as follows:
Bill No. 44, transmitted on November 16, 2000, via Communication No. 158, from Mayor
Stephen K. Yamashiro, concerns a change of zone Request by RICHARD M. TOWILL, at
Kaumana, South Hilo, Hawaii, TMK: 2-5-44:1 and 2-5-45: portion 1.
Bill No. 44 seeks to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25
(Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by changing the district
classification for approximately 107 acres of land from Agricultura120-Acre (A-la) to Family
Agricultural 1-Acre (FA-la) at Kaumana, South Hilo, Hawaii.
On July 22, 2003, this matter was considered by the Committee on Planning. Committee Report
No. 46 makes note that although Bi1144 was received back in November 2000, the measure was
not agendized until July 22, 2003, at the request of the applicant. It was also noted in Committee
Report No. 46 that because the project is directly impacted by the alignment of Saddle Road and
the alignment of Puainako Street, the applicant chose to defer this measure until logistics could
be worked out. Proposed amendments were suggested to include fair share contributions (not
included in the original Bill), to prohibit second dwellings and condominium property regimes,
to require an annual progress report and to consider the recommendation of Paul LeMahieu made
on August 23, 2000. No further discussions were entertained on this measure. Bi1144, Draft 2,
moved to the County Council with an unfavorable recommendation, having received only four of
the requisite five aye votes necessary to pass a measure.
On August 6, 2003, the Hawaii County Council considered this matter and following discussion,
the Council made a determination to send Bi1144, Draft 2 back to the Committee on Planning for
further deliberations.
Bi1144, Draft 2 has been on the Planning Committee pending list from previous Council terms.
Communication No. 821 dated November 21, 2007 from K. Angel Pilago, Council Member,
agendized Bi1144, Draft 2 so that a status update and recommendations from Planning Director
Yuen could be discussed.
PC Report No. 58
Communication 2922
Bill 44, Draft 2
Page 2 of 2
At the December 4, 2007 Planning Committee meeting, Mr. Tim Rees of Hilo and Mr. Curtis
Tyler of Kailua-Kona presented testimony. Mr. Tyler noted that when he served on the Council
he recalled that due to the magnitude of the project area, the surrounding properties involved,
and especially flooding issues, the measure received a negative recommendation. Mr. Tyler
recommended that the Bi1144, Draft 2 be filed.
Planning Director Yuen noted a communication received from Crystal K. Rose, of Bays, Deaver,
Lung, Rose & Holma, attorneys representing applicant Richard M. Towill. The letter states that
Mr. Towill would like to withdraw his zoning application, without prejudice. There was
discussion among Council Members as to the difference between withdrawing the application as
requested by the applicant and the filing of Bill 44, Draft 2 and related communications. It was
determined that the Committee could not close file on Bi1144, Draft 2. County Clerk Jarman
stated that if in fact it is the intention of the Committee members to close file on Bi1144, Draft 2,
the matter should move out of Committee to the full Council with an unfavorable
recommendation.
A motion to approve this measure received six no votes. Pursuant to Council Rules, 5 aye votes
are needed to pass a measure. Therefore the Committee on Planning forwazds Bill No. 44, Draft
2, to the Council with a negative recommendation.
and
AYES NOES A&E EX Respectfully submitted,
FORD X
HIGA X COMMITTEE ON P NNING
HOFFMANN X
H~DA X „/f~\1 ~
JACOBSON X ~
NAEOLE X K. ANGEL PILA , CHAII2
PH.AGO X
YAGONG X PC REPORT NO. 58
YosxrnTOro x ADOPTED: DEC
1~~