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HomeMy WebLinkAboutREP PC 149 10/06/1998 1996-1998 REPORT OF THE COMMITTEE ON PLANNING DATE: October 6, 1998 Re: C-978/Bill No. 293 PLACE: Councilroom TIME: 1:45 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 293, transmitted by Mayor Stephen K. Yamashiro per Communication No. 978, dated September 3, 1998, regarding the request to amend Conditions B & C, and to delete Conditions D & E of Ordinance No. 90-85 by Wham, Inc., at Keopu 1 s', North Kona, Hawaii, TMK: 7-5-04:6 and 13, reports as follows: Bill No. 293 amends Ordinance No. 90-85, which reclassified 9+ acres of land from Village Commercial (CV-7.5), Multiple Family Residential (RM-1), and Agricultural (A-la) to General Commercial (CG-20), by amending Conditions B and C to include a time extension for water commitment and subdivision performance requirements, and deleting Conditions D and E which referenced the securance of Final Plan Approval and the construction of commercial development requirements. The property, owned in fee by the applicant WHAM, Inc., which is a partnership between Auto Imports Hawaii and Robert N. Iwamoto, Jr., is located to the south of the Lanihau Shopping Center between Henry Street and the Lono Kona Subdivision. On July 16, 1990, the County Council approved the State Land Use Boundary Amendment Ordinance No. 90-84 for 6.6 acres of land from an Agricultural District into an Urban District. On July 16, 1990, the County Council approved the Change of Zone Ordinance No. 90-85 and on October 1 1, 1994, the Final Subdivision Approval (SUB No. 6441) was granted by the Planning Director fora 5-lot subdivision which included Henry Street. On July 15, 1998, the Subdivision Application (SUB No. 98-0084) for an 8-lot subdivision was submitted to the Planning Department and its status is pending review by the applicable agencies. The deadline for Tentative Subdivision Approval was August 29, 1998. The Planning Commission, at its August 20, 1998, meeting voted to recommend the approval of Bill No. 293 with the amendments to Conditions B and C, and the deletion of conditions D and E of Ordinance No. 90-85. PC-149 PG l49 Page 2 October 6, 1998 Your Committee concurs with the Planning Commission and the Planning Director for recommending a favorable consideration for the requests. An amendment to Condition B will extend the time performance in which the required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the effective date of the amended change of zone ordinance. The amendment to Condition C will extend the time performance in which Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five yeazs from the effective date of the amended change of zone ordinance. With the deletion of Conditions D and E, the applicant requests the removal of the Final Plan Approval for the commercial development and construction of the commercial development. The applicant plans to subdivide the property and sell the lots. The applicant has no plans to construct anything on the property. Bill No. 293, Draft 2, which amended Condition M by stating that "the Director may" instead of "the Director shall" and which includes some housekeeping changes that converted the old format to the present format, was circulated and approved by Your Committee. Approval of this amendment request would not be contrary to the General Plan nor would it be contrary to the original reasons for granting the change of zone. Your Committee on Planning is in accord with the intent and purpose of Bill No. 293, Draft 2, and recommends it pass first reading. Respectfully submitted, COMMITTEE ON AN ! i _ E~AN LE THEAD-TODD, CHAIR PC REPORT NO. l49 ADOPTED: ~T 2 1 19911