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HomeMy WebLinkAboutREP PC 155 09/23/1986 1984-1988 • OFFICE INFORMATION ONLY Meeting: October 1, 1986 Action: Bill referred back to Planning Department;. see letter filed in back of Report. NOTE: See withdrawal of request by developer (C-532. 45) . Re: PC Rept. 155 411 REPORT OF THE w COMMITTEE ON PLANNING DATE: September 23 , 1986 PLACE: Kona Imin Center , Holualoa TIME: 7 :00. p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 221, Draft 2, regarding the rezoning request of Waiono Meadows Ranch, Ltd. , North Kona, Hawaii , TMK: 7-6-01: 1, 7-6-02 : 1 and 14 and 7-5-15 : 2 and 12, reports as follows: The property involved is located above Holualoa Village, mauka of Mamalahoa Highway. The proposed development will include 106 3-acre sized residential-agricultural lots in the lower portion of the property along with a 60-acre equestrian center and a 167-acre ranching and trail-riding area. The remaining 1,161 acres will be used for ranching. According to the Planning Department, there is no complete drainage system in the area of the proposed development to handle flood waters. The property is located in the upper portions of the Waiaha, Horseshoe Bend and Holualoa School streams , all of which pass through the subject property. All three of the streams have caused property damage during previous storms because the streambeds are not deep enough to contain flood waters. Your Committee held a public hearing on the proposed development in Holualoa on August 11 , 1986 . A number of individuals who reside below the proposed subdivision testified in opposition to the development . Their opposition was based largely on the fear that the development will aggravate flooding conditions. Your Committee agreed with the developer that Conditions H and J of Bill 221 should be amended. The amendments are reflected in Draft 2 of the bill . Draft 2 of Bill 221 passed first reading of the County Council on September 3 , 1986 and was recommitted to the Planning Committee for further discussion, as per recommendation of the committee. Your Committee met on September 8 , 1986 , in Waimea , at which time several individuals who reside in the vicinity of the proposed development again testified in opposition to Bill 221. After all of the testimonies were heard, Councilman Spencer Schutte moved that further action on the bill be deferred to give committee members more time to study the bill . PC REPORT No , 155 ADOPTED: PC -155 Page 2 September 23, 1986 Your Committee met again on September 23, 1986, in Holualoa, Kona, at which time testimonies in opposition to the development were again heard from individuals residing in the vicinity of the proposed development. Representatives of the development also testified in an effort to respond to some of the questions and concerns of individuals opposing the development. Your Committee on Planning is not in accord with the intent and purpose of Bill No. 221, Draft 2, and recommends its denial. A TAKASHI DOMINGO, CHAIRMAN SVENCER K. 8CHUTTE, VICE CHR. Ll---- Rmn� LA/TN (ABSENT & EXCUSED) FRANK DE LUZ III, MEMBER 0 JNZY OF Hq�y'••• • • STEPHEN K. YAMASHIROj,,.1.41.44 T..- • ,� JAMES L. K. DAHLBERG Chairman&Presiding Officer *;/ <�/ +• ;*; FRANK DE LUQ III SPENCER KALANI SCHUTTE •: __ , TAKASHI DOMINGO Vice Chairman �TqT,H M°:;P`::` ROBERT N. HERKES '•••.•.,..,_.. LORRAINE R.JI`I'CHAKII-INOUYE RUSSELL S. KOKUBUN COUNTY COUNCIL MERLE K. LAI Council Members County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 In Reply Refer October 2, 1986 To: C-679 • TO: Planning Director A. L. Lyman FROM: County Clerk R. B. Legaspi.(4 RE: Bill 221 - Rezoning Request of Waiono Meadows Ranch The applicant, Mr. Steve Zuckerman, through his attorney, has opt to withdraw' Bill No. 221 from the Council further deliberations. As such., we are returning the Bill to your department, It was pointed out that a reapplication of this rezoning request is not prohibited, however, the- drainage concerns, the major reason for the Council 's opposition, must be addressed and changed before any future review- by the Council would be considered. I am attaching for your information, a copy of the withdrawal letter from Mr. Roy Y. Takeyama, Attorney for Waiono Meadows Ranch. Att. . • TAKEYAMA SULLIVAN& SULLIVA Telephone: • __.� Attorneys at Law -ROY Y. TAKEYAMA' (808) 526-2416 - Century Square, Suite 3404 JAN NAOE SULLIVAN . 1188 Bishop Street • °A Law Cocoporauoa Honolulu, Hawaii 96813 . September 25, 1986 . . - I . Mr- Steve Yamashiro . Chairman _ County Council • 'County of Hawaii . . Hilo, Hawaii 96720 • Re: Rezoning Request of Ma fano Meadows Ranch • (Bill No. 221) Dear .Chaff rman Yamashiro and ' • members of the Council : . We respectfully request that the above-entitled rezoning request be withdrawn for the reasons cited hereinbelow: As you are . aware, it has been .over 2_-years since we filed our . rezoning request. - It has been Tong and arduous but • we -feel that - the process was proper and- democratic. - The reason for taking so ' long to process this application was because of the concerns expressed by the community regarding' the -drainage, problem 'and our- . attempt to adequately meet these concerns:- • - We amended our rezoning request twice and 'changed our land use . • plan 6 times to reflect what we thought was .a -- plan that was e workable- and met the concerns of - the community. • We asked the community to form an Ad Hoc -Committee -so- we could use it as a sounding board and to communicate to the community what progress has been made. Many meetings were held with the Ad Hoc. Committee and with the community but it is obvious that we were not able_to dispel the concerns expressed by the -community. It is also quite obvious that 'in• spite of our concerted effort to accommodate every, reasonable, articulated drainage suggestions , it appears that we were not able- to dispel the perceived' drainage concerns and fears of. the Ad Hoc Committee and a number of area • residents . This , we regret , for we sincerely believed that the proposed plan would have alleviated- the existing drainage - and - flooding conditions of -the the area... The proposed drainage plan ,- as you know, was recommended by -R.M. -Towill -Corporation, one of the foremost drainage engineers in the State and supported by the - Hawaii County Department of Public Works. The Applicant ,. Mr. - Steve Zuckerman, is an honest - and reputable developer. He has an ongoing cattle operations - and equestrian • center on the Subject site and 'wants to continue being. a good neighbor and be a part of - the Holuaioa Community. Be is very sensitive to the concerns of the ..Holualoa Community. COMM. NO..-- To; Council r ' • Steve Yamashiro Chairman Page Two September 25, 1986 • As such, and in light of your Committee on Planning 's recommendation to deny our rezoning request, we hereby request that . the rezoning application be withdrawn from further consideration. We truly appreciate the efforts of the Mayor, the Department of Planning, the Department of Public Works, the County Council, and the community for giving us an opportunity to present our views regarding the drainage plan, and for expending so much time and effort on this matter . .A tough decision had to be made by this honorable body and we accept the decision of the Committee on Planning. For the foregoing reasons , we request that our rezoning request be withdrawn. Sincerely. yours 7 ROY Y. KEYAMA • Attorney for Waiono Meadows Ranch RYT/my ' •cc: Mayor Dante Carpenter Department of Public Works Department of Planning • • • • ~ ! m •J F