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HomeMy WebLinkAboutREP PC 101 11/06/2008 2006-2008REPORT OF THE CONIMTTTEE ON PLANNING DATE: November 6, 2008 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kahua-Kona, Hawaii TIlVIE: 9:15 a.m. Council Chair and Members,. Hawaii County Council Hilo, Hawaii 96720 Re: Comm. 1539/Bi11390 Your Committee on Planning, to which was referred Bi11390, reports as follows: Bill 390, transmitted via Communication 1539 from Mayor Harry Kim, dated October 20, 2008, presents an amendment to Conditions C and E of Change of Zone Ordinance No. 95-119, by OHANA KOHALA TRUST, which rezoned 24.9 acres of land from an Agricultural 20-acre (A-20a) to an Agricultural - 3 acre (A-3a) district. The property is located along the south side of Ala Kahua Drive, approximately 7,650 feet east of the Ala Kahua Drive-Akoni Pule Highway intersection, Kohala Estates Subdivision Unit 1, Kahua 1~ and Waika, North Kohala, Hawaii. Applicant is requesting an amendment to Condition "C" (Final Subdivision Approval) and Condition "E" (Access) of Change of Zone Ordinance No. 95-119. Applicant is requesting a five-year extension of time to comply with Condition C and obtain final subdivision approval. Applicant is also requesting an amendment to Condition "E" that currently allows only one access to the proposed subdivision from Ala Kahua Drive. The proposed amendment provides that access to the subdivision not be from Ala Kahua Drive but that any such access shall comply with the Subdivision Code and meet with the approval of the Department of Public Works. The Planning Commission concurred with the Planning Director's reasons for recommending favorable consideration of the proposed amendments and the Director's recommendation is based on the following: • 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 aze 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. PC Report No. 101 Communication 1539 Bi11390 Page 2 of 3 The Planning Director also noted that in addition to amending Conditions "C" and "E," he recommends that existing Conditions of Approval as contained in the ordinance be revised to reflect current standard language relating to Conditions of Approval. At the November 6, 2008 Planning Committee meeting, Susan Fisher presented testimony in support of Bi11390 and Mr. William Moore appeared on behalf of the applicant. Council Chair, Hoffmann made note that residents in the area have expressed concerns regarding the single access on Ala Kahua Road and that the non-maintenance by the developer presents a very dangerous condition. Mr. Moore explained that the developer owns the road and have met with the Kohala Estates Association to discuss Ala Kahua Drive. At one time he noted the road was offered to the association and the response at that time was they didn't want to be bothered. On another occasion, an offer was made by the owner to formally donate the road to the association and therefore good faith efforts have been made to turn the road over to the association. Chair Hoffmann noted that despite these efforts it was evident that the Association is not going to take ownership of anon-maintained road especially considering questions of potential liability and responsibility. Mr. Moore explained it is his understanding that under "Common Law" the, users of the road are ultimately responsible for the road and that this particular issue would be a legal question to be resolved. Mr. Hoffmann stated he was only trying to address concerns expressed by his constituents that their concerns are in fact going to have an impact on the subject property which applicant intends to develop at the end of the Ala Kahua Road and that somebody has to address the idea of this substandard road which will likely affect the value of applicant's property. With regard to water conservation and preventing soil runoff Mr. Moore stated that the drainage structure will be built so as not to interfere with natural drainage ways and will not impede flows. Regarding lots that contain drainage ways, Mr. Moore stated these are 3-acre lots so sufficient area exists to build without interfering with normal drainage ways. Mr. Moore said that part of the proposed amendments also provide that development of lots within the subdivision are not to cross drainage way and that there has been no physical improvement to the subject property thus far. He also stated that although fair share costs were not included as part of the conditions for the change of zone, applicant has agreed to be subjected to fair share costs should the Council require applicant to do so. PC Report No. 101 Communicafion 1539 Bill 390 Page 3 of 3 Your Committee on Planning is in accord with the purpose and intent of Bill 390 and recommends it pass first reading. and AYES NOES A&E EX FORD X HIGA X HOFFMANN X IKEDA X JACOBSON X NAEOLE X PII.AGO X YAGONG X YOSFiIMOTO X Respectfully submitted, PC REPORT NO. 101 AnoPTED: NOV 2 1 2008