HomeMy WebLinkAboutREP PC 353 06/20/1988 1984-1988 ', REPORT OF THEAi.
CS; " :IT tt ON PLANNING
DATE : June 20 , 1988 Re: 'Comm. 55 . 3
PLACE : Councilroom
TIME: 1 : 30 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 578 ,
regarding a request to amend Condition E of Ordinance No . 85-17 ,
reports as follows:
The purpose of Bill 578 is to amend Section 25-89 , Article 3 ,
Chapter 25 of the Hawaii County Code , relating to the modification of
Condition E of Ordinance 85-17 , which reclassified certain lands from
Multiple Family Residential (RM-1 ) to Resort-Hotel (V-2) at
North Kona, Hawaii , identified as TMK : 7-5-09 : 39 .
The property involved is the site of the Kanazawa Tei Restaurant
situated across from the Kona Hilton Hotel .
On November 2, 1987 , the applicant ' s attorney wrote to the
Planning Director to inquire as to the procedure his client should
follow to request an extension of time to comply with Condition E.
The Planning Director responded on November 16 .
Condition E of Ordinance 85-17 reads as follows :
"That the frontage of the subject property shall be
improved with curbs, gutters and sidewalks and other
related improvements meeting with the approval of the
Chief Engineer by December 3 , 1987 or when development
occurs on either of the adjoining properties, or upon
demand of the County Council , whichever occurs first . "
The applicant ' s attorney wrote on February 11, 1988 to request that
reference to December 3, 1987 be deleted .
The Planning Commission voted to recommend denial of the applicant ' s
request . The Commission, however , voted to recommend that
Condition E be amended by replacing the date "December 3, 1987" with
the date "November 30, 1988" .
The Commission is also recommending that Condition B be amended to
correct references to the Article and Chapter of the Zoning Code .
PC REPORT NO . 353
ADOPTED : AUG 3 19
r
_ , 411 110a
. , ,
PC- 353 Page 2 June 20 , 1988
Your Committee heard the applicant ' s attorney state that the
Kailua Village Design Plan, 1988, states that it ' s quite possible
that Alii Drive may be renovated in such a way that it will eliminate
the mauka sidewalk which Condition E requires . He added that the
applicant does not want to be required to install curbs, gutters and
sidewalks only to have them removed shortly thereafter .
The Planning Director stated that, to his knowledge, the
Kailua Village Design Plan does not make reference to installing or
removing sidewalks. He added that the Design Review Commission does
not make decisions, they merely make recommendations on rezoning
applications. He further added that what is being considered in the
update of the design plan has little , if any, bearing on improvements
that are required in this condition.
The Planning Director also informed your Committee that the
Kailua Village Design Review Commission recommended that the
applicant ' s request to delete Condition E in its entirety be denied
and that the applicant, instead, be required to install the
improvements by December 3 , 1988 .
Councilwoman Merle Lai stated that the Council should, through the
Public Works Committee, adopt a policy regarding curbs, gutters and
sidewalks.
Councilman Spencer K. Schutte suggested that the bill ' s reference to
November 30 , 1988 as the deadline for installing the improvements be
deleted from the bill. Your Committee concurred with
Councilman Schutte ' s suggestion. As such, Condition E has been
amended by deleting the phrase "by November 30 , 1988 . "
Your Committee on Planning is in accord with the intent and purpose
of Bill 578, Draft 2, and recommends that it pass first reading.
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' KASH I DOMI , 0, CHA 'MAN
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SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER
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ERWOOD R. H. GRE NWELL, MEMBER ORRA k R J HAKU 011 A, OU \ ; MBER
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R SSELL S. KO UBUN, MEMBER MERLE . LAI, MEMBER
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