HomeMy WebLinkAboutREP PC 268 12/07/1987 1984-1988f ,
REPORT OF. THE
COMMITTEE ON PLANNING
DATE : December 7 , 1987 Re: C-1365
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 . 449 ,
regarding a request for time extension to meet the requirements of
Condition ( I) of Change of Zone Ordinance Nos . 84-23 and 84-42,
reports as follows:
The purpose of Bill 449 is to amend Section 25-87 , Article 3 ,
Chapter 25 of the Hawaii County Code, relating to the modification of
conditions to Ordinance No . 84-23 , and further amended by Ordinance
No . 84-42, which reclassified certain lands from Unplanned (U ) to
Multiple Family (RM-5) at Holualoa 1 and 2, North Kona, Hawaii ,
covered by Tax Map Key 7-6-21: 4 , 9-13 and 15-17 .
Condition (I) of Bill 449 requires the applicant to secure final plan
approval within one year from the effective date of zoning. The bill
is amended to allow the applicant an additional year from the date of
this amendment .
The Planning Commission is recommending that Condition (S) also be
amended by replacing the original conditions with the following:
(S) [All other applicable rules, regulations and requirements shall
be complied with . Should any of the foregoing conditions not be met ,
rezoning of the area to its original or more appropriate designation
may be initiated . ] An initial extension of time for the performance
of conditions within the ordinance may be granted by the Planning
Director upon the following circumstances: 1) 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; 2) granting of the
time extension would not be contrary to the general plan or zoning
code; 3) granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone; 4) the 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
5) 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.
PC REPORT No . 268 _.
ADOPTED :
DEC 141987
•
PC- 268 Page 2 December 7 , 1987
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The Planning Commission is recommending that time extension be
granted because "Gamlon Corporation has made progress on its overall
development plans as proposed, especially within the single-family
residential area. " The Commission agrees with the applicant that the
problems responsible for the delay are beyond the applicant 's control.
The Planning Commission notes that the applicant has made
considerable financial commitment to complete the project . The
commitment includes $1 .5 million in water commitment fees .
The Water Department, Department of Transportation - Highways
Division, and the Department of Public Works have no objections to
the time extension request .
Your Committee on Planning is in accord with the intent and purpose
of Bill No . 449 and recommends that it pass first reading .
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SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER
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