HomeMy WebLinkAboutREP PC 087 07/01/2008 2006-2008 - - -
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REPORT OF THE
COMMITTEE ON PLANNING '
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DATE: July 1, 2008 Re: Comm. 1230/Bill 307
PLACE: Councilroom
Ben Franklin Building
333 Kilauea Avenue, 2 Floor
Hilo, Hawaii
TIME: 2:00 p.m.
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Council Chair and Members I
Hawaii County Council
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Hilo, Hawaii 96720 !
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Your Committee on Planning, to which was referred Bill 307, reports as follows:
Bill 307, transmitted via Communication 1230 from Mayor Harry Kim, dated May 5, 2008,
presents a request for an amendment to Condition C (time to secure final subdivision approval) !
of Change of Zone Ordinance 97-102 by KOHALA LLC, which rezoned 37.88 acres of land
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from an Agricultural 5-acre (A-5a) to a Single Family Residential -15,000 square foot (RS-15)
district.
The property is located along the southwest (makai) side of Akoni Pule Highway and the Kohala I
Ranch Subdivision, at Kahua Ranch Subdivision, Kahua I", North Kohala, Hawaii,
TMK: 5-9-1:8. ' I
The Planning Commission's favorable recommendation to the Council, together with an I
amendment reducing the maximum number of lots from fifty to twenty-five did not receive the
requisite five votes needed in order for the Planning Commission to take action. Therefore, the j
three votes in favor and the four votes against constituted "no action" by the Planning R
Commission and the "no action" itself constitutes an unfavorable recommendation. j
The Planning Director previously transmitted a request to repeal Change of Zone Ordinance
No. 97-102 and rezone the subject property from Single Family Residential 15,000 square feet
(RS-15), to a Residential and Agricultural 5-acre (RA-5a). The County Council recently
remanded the matter back to the Planning Commission, requesting that the subject parcel be
rezoned to a Residential and Agricultural 15-acre (RA-15a) zoned district instead.
The applicant is now requesting that the Director-initiated action rezoning of the property to
j an Agricultural 5-acre (A-5a) zoned district and revocation of SMA Use Permit No. 379 be
withdrawn and that applicant be granted a five-year time extension to secure Final Subdivision
Approval.
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j PC Report No. 87
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Communication 1230
Bill 307
Page 2 of 3
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The Planning Director's unfavorable recommendation to applicant's time extension request to
comply with Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance
No. 97-102, is based on the following:
• The non-performance is the result of conditions that could have been foreseen and were
not beyond the control of the applicant, its successors or assigns, and that are the result of
applicant's fault or negligence.
• Condition C of Change of Zone Ordinance No. 97-102 required that applicant secure 'i
Final Subdivision Approval within five (5) years from the effective date of the ordinance.
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• The 2001 annual progress report stated that the applicant was fully aware that final
subdivision approval must be secured on or before July 14, 2002. There has been no
subdivision application filed with the Planning Department in compliance with
Condition C of Change of Zone Ordinance No. 97-102. j
• Condition V of Change of Zone Ordinance No. 97-102 states that should any of the i
conditions not be met or substantially complied with in a timely fashion, the Director
may initiate rezoning of the subject property to its original or more appropriate 1
designation. II
• As a result of the applicant's non-compliance of Condition C, the Planning Director I
initiated the rezoning of the property from a Single-Family Residential (RS-15) to a
Residential and Agricultural 5-acre (RA-5a) zoned district.
At the July 1, 2008 Planning Committee meeting, the following members of the public presented
testimony at the Waimea Council Office in opposition of the proposed extension request: Gail
Byrne (representing six North Kohala non-profit organizations); Harry K. Ching; Marlene K. 1
Ching, Nancine Lloyd; Lucy Pasco; Clarence K. Kauahi; Mike Isaacs; and Annie K. Akau. JI
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Following a brief chronology presented by Planning Director Yuen, he further explained that the
request as presented to the Council by the landowner would allow development of approximately 4
50 units on applicant's property. Director Yuen stated there is a parallel bill (Bill 237) that
revoked this bill, changing the zoning to Agricultural 5-acre district. He also noted that the
Council further amended the A-5a zoning to an Agricultural 15-acre (A-15a) district, which is
currently before the Planning Commission. Mr. Yuen stated that given the role and position
taken by the Council with respect to the parallel bill (Bill 237), it would seem appropriate to
reject the time extension request and take action on the rezoning when it comes back before the
Council.
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} PC Report No. 87
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Communication 1230 I
Bill 307 I
Page 3 of 3
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A motion to approve this measure received eight no votes. Pursuant to Council Rules, 5 aye
votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill 307
to the Council with a negative recommendation.
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j AYES NOES A&E EX Respectfully submitted,
FORD x
RIGA x CONIlV=E ON NG
! HOFFMANN x
IICEDA x
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JACOBSON x
I NAEOLE x K. ANGEL PIL , CHAIR
j PR AGO x
YAGONG x PC REPORT NO. 87
I YOMMOTO x ADOPTED: 9UL 2 3 7008
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