HomeMy WebLinkAboutREP PC 276 01/25/1988 1984-1988 - REPORT OF THE ®►
COVI ITTEE ON PLANNING
•DATE: January 25 , 1988 Re: Comm. 1446
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. 471,
regarding a request for time extension to meet the requirements of
Condition H of Change of Zone Ordinance No. 850, reports as follows :
The purpose of Bill 471 is to amend Section 25-87, Article 3 ,
Chapter 25 of the Hawaii County Code, relating to the modification of
conditions to Ordinance No . 850 which reclassified certain lands from
Unplanned (U) to Agricultural (A-3a) at Kau, North Kona, Hawaii ,
covered by Tax Map Key 7-2-05 :portion of 1 .
Condition H requires the applicant to secure final subdivision
approval of the. first increment by December 1983. It should be noted
that the applicant has received several time extensions since
December 1983. Bill 471 represents the latest request . The bill is
amended to give the applicant an additional year from the effective
date of this amendment .
Condition H also requires subdivision plans for subsequent increments
be completed within one year of the completion of the preceding
increment . The bill is amended to require the applicant to submit
subdivision plans for the subsequent increments within one year from
• the date of receipt of final subdivision approval of the previous
increment (s ) .
The Planning Commission is recommending that the following new
condition be added to the bill:
(K) an initial extension of time for the performance
conditions within the ordinance may be granted by the
Planning Director upon the following circumstances :
a ) the non-performance is the result of conditions that
could not have been foreseen or are beyond the control
of the applicants, successors or assigns, and that are
not the result of their fault or negligence;
b) granting of the time extension would not be contrary
to the general plan or zoning code; c ) granting of the
time extension would not be contrary to the original
reasons for the granting of the change of zone; d ) the
PC . FPOR T No . .276
ADOPTED . FEB ��. ;
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pc- 276 Page 2 January 25 , 1988
time extension granted shall be for a period not to
exceed the period originally granted for performance
(i .e. , a condition to be performed within one year may
be extended for up to one additional year ) ; and e) if
the applicant should require an additional extension of
time, the Planning Director shall submit the
applicant ' s request to the County Council for
appropriate action. Further , should any of the
conditions not be met or substantially complied with in
a timely fashion, the Director may initiate rezoning of
the area to its original or more appropriate
designation.
The Planning Commission is recommending that time extension be
granted because "the applicant has expended financial resources into
the project ' s water source development as well as a marketing
program. "
Your Committee on Planning is in accord with the intent and purpose
of Bill 471 and recommends that it pass first reading.
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