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<br /> <br /> <br /> <br /> <br /> REPORT OF THE <br /> COMMITTEE ON PLANNING <br /> <br /> <br /> DATE: March 17, 2009 Re: Comm. 146/Bill No. 31 <br /> PLACE: Sheraton Keauhou Bay Resort and Spa <br /> 78-128 Ehukai Street <br /> Kailua-Kona, Hawaii 96740 <br /> TIME: 3:15 p.m. <br /> <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> <br /> Your Committee on Planning, to which was referred Bill No. 31, reports as follows: <br /> <br /> Bill No. 31, transmitted via Communication No. 146 from Mayor William P. Kenoi, dated <br /> February 3, 2009, presents a Time Extension Request by Samson, LLC, at Hienaloli 4th and 5th, <br /> North Kona, Hawaii, TMK: 7-5-10:Portion of 13 (formerly 7-5-23:63). <br /> <br /> Bill No. 31 seeks to amend Condition C (Final Plan Approval and Completion of Construction) <br /> of Ordinance No. 06-138, which rezoned 45,411 square feet of land from Multiple Family <br /> Residential - 2,000 square feet (RM-2) to Village Commercial - 7,500 square feet (CV-7.5). <br /> The project area is located along the north side of Hualalai Road, adjacent to the Aloha Kona <br /> Subdivision, Hienaloli 4 h and 5th, North Kona, Hawaii, TMK: 7-5-10: Por. 13. <br /> <br /> Communication No. 146 reports that the Hawaii County Planning Commission, as required by <br /> Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request at its meeting on <br /> January 22, 2009. The Commission concurred with the Planning Director's reasons for - <br /> recommending favorable consideration of the request. Communication No. 146 transmits the <br /> following findings and recommendations: <br /> <br /> Upon review of the request, the Planning Director recommends that a favorable recommendation <br /> to amend Condition C (Final Plan Approval and Completion of Construction) of Ordinance <br /> No. 06-138 be forwarded to the County Council. Since this recommendation is made without the <br /> benefit of public testimony, the Director reserves the right to modify and/or alter this position <br /> based upon additional information presented at the public hearing. This favorable <br /> recommendation is based on the following findings: <br /> <br /> 1. The applicant requests an extension of time to Condition C (Final Plan Approval and <br /> Completion of Construction) of Ordinance Nos. 06-138. Condition C states: <br /> <br /> "C. Construction of the proposed development shall be completed within five (5) <br /> years from the effective date of this amendment. Prior to construction, the <br /> applicant, successors or assigns shall secure Final Plan Approval for the amended <br /> proposed development from the Planning Director in accordance with <br /> <br /> <br /> PC Report 23 <br />