HomeMy WebLinkAboutREP PC 091 05/04/2004 2002-2004REPORT OF THE
COMMITTEE ON PLANNING
DATE: May 4, 2004 RE: Comm. No. 598/Bill No. 262
PLACE: Councilroom
TIME: 1:45 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Communication No. 598 and Bill No. 262,
transmitted by Mayor Harry Kim, dated April 6, 2004, regarding an amendment to Change of
Zone Ordinance No. 94-99 request by Mitchell Thompson, at Kaauhuhu Homestead 2nd Series,
North Kohala, Hawaii reports as follows:
Bill No. 262 seeks to amend Condition C of Change of Zone Ordinance 94-99, which rezoned
approximately 7 acres of land from the Agricultural 20-acre (A-20a) to Agricultural 3-acre
(A-3a) district, by allowing an additional three years to secure final plan approval (Condition C).
Communication No. 598 reports that the Hawaii County Planning Commission, as required by
the Hawaii County Charter, Article VI, Chapter 4, Section 6-4.3(c), considered the above request
on March 19, 2004. At this meeting, the Commission concurred with the Planning Director's
favorable recommendation for approval of this matter. Communication No. 598, in synopsis,
describes the Planning Director's findings and recommendations as the following:
Ordinance No. 94-99, effective on September 13, 1994, rezoned the subject property from
the Agricultural 20-acre (A-20a) to Agricultural 3-acre (A-3a) district. The original
applicant, Wilfred Kita, requested the Change of Zone in order to subdivide the 7-acre
parcel into a total of two parcels. This included a 4-acre and a 3-acre parcel. At the time
of the original request, the applicant intended only to sell one of the subdivided parcels.
2. Condition C of Ordinance No. 94-99 required that the applicant secure Final Plan
Approval by September 13, 1997. The applicant received Tentative Subdivision
Approval, but not Final Approval, in May 1995. An administrative time extension on
Condition C was granted in 1997 until September 17, 2000.
3. Mr. Mitchell Thompson is the new owner of the subject parcel. Mr. Mitchell was not aware
that the required deadline of September 2000 had passed. As such, he is requesting this
extension in order to comply with Condition C. The applicant intends to subdivide the
property as originally proposed in the initial request.
4. The Department of Water Supply has informed that applicant and the Planning Department
that the water commitment issued to the original applicant has expired.
PC REPORT NO. 91
Hawaii County is an Equal Opportunity Provider and Employer
Communication 598
Bill 262
Page 2
5. The Director has recommended favorably on the request for a time extension of three years
in order to allow the new applicant time to subdivide the parcel, if water becomes available.
At today's meeting, Planning Director Chris Yuen and Sidney Fuke, representative for the
applicant, provided this committee with background information about the origins and purpose of
Bill No. 262.
During discussion, members asked for clarification on the availability of water to the subject
parcels. Mr. Fuke assured Committee members that water is now available to the parcel.
Post discussion, Your Committee voted to amend the Bill 262 with the following:
Condition G. Included standard language to prevent Condominium Property
Regimes.
A motion to approve this measure received four aye votes and one no votes. According to
Council rules, five votes are needed to pass a measure. As a result, this matter will be forwarded
to the Council with a negative recommendation.
Your Committee on Planning forwards Bill No. 262, as amended to Draft 2, to the Council with
a negative recommendation.
Ctd
AYES NOES A&E EX
ARAKAKI X
CHUNG X
ELARIONOFF X
HOLSCHUH X
JACOBSON X
REYNOLDS X
SAFARIK X
TULANG X
TYLER X
COMMITTEE ON PLANNING
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PC REPORT NO. 91
ADOPTED:
OFFICE INFORMATION ONLY
Meeting: May 19, 2004 - Council Meeting (36th Session)
Action: passed Bill 262, Draft 2, on First Reading
PC Report 91 transmitted the above bill with a "negative
recommendation" due to a vote of 4 ayes, 1 no, & 4 excused.
Re: C-598.1/BILL 262, DRAFT 2/PC-91