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HomeMy WebLinkAboutREP PC 121 06/09/1986 1984-1988 REPORT OF THE COMMITTEE ON PLANNING DATE: June 9 , 1986 Re: Comm. 607 PLACE: Keaau Community/School Library TIME: 10: 00 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 199, regarding a request for time extension to meet the requirements of Condition D of Change of Zone Ordinance No. 865, reports as follows: ticle The purpose of Bill 199 is to amend Section 25-91, Article 3, Chapter 25 of the Hawaii County Code, relating to the modification of a condition to the district classification from Agricultural (A-20a) to Agricultural (A-10a ) and Agricultural (A-3a) in North Kohala, Hawaii , covered by Tax Map Key 5-4-01: 10 , 11 and 5-7-02: 13. A portion of Condition D requires the developer to submit final subdivision plans within one year after tentative subdivision plans have been approved. This condition is amended to require the developer to submit final plans by December 9 , 1986 . Condition L of the bill is also amended by deleting the sentence, "Should any of the foregoing conditions not be met, the rezoning of the subject property to its original or more appropriate zoning designation may be initiated, " and by adding the following: "The Planning Director may administratively grant extensions to the foregoing time conditions . Further , should any of the foregoing conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning the area late designation. " or more a ro g to its original PP r P g The properties were rezoned on March 24, 1983. Tentative plan approval was granted on December 9 , 1983. Final subdivision plans were to have been submitted by December 9, 1984 . On October 15 , 1984, the petitioner requested a one-year time extension. On October 25, 1984 , the Planning Department granted an administrative time extension of one year , until December 9, 1985 . A letter from the petitioner was received by the Planning Department on October 15 , 1985 , requesting a second time extension. PC REPORT No . 121 ADOPTED : JUN 17 1986 ,. . . 411 III PC- 121 Page 2 June 9, 1986 According to the petitioner , the primary cause of the delay is their inability to acquire offsite facilities for their water system. q y Offsite locations are necessary for reservoirs, booster pumps and pipeline easements . In a letter dated October 18, 1985, the Planning Department notified the petitioner that while time extensions were previously granted administratively, Corporation Counsel recently ruled that requests for time extensions will have to be approved by the County Council . In reference to the amendment allowing the Planning Director to administratively grant extensions, Councilman Kokubun requested that the County Council be advised whenever an extension is granted. Planning Director Albert Lyman stated that since extensions will be granted in writing, a copy of the letter will be sent to the Planning Committee . Mr . Lyman also stated that the Planning Department has submitted to Corporation Counsel for review and comment , a draft of a resolution granting the Planning Director the authority to grant time extensions . Mr . Lyman added that after review of the resolution by the Corporation Counsel, it will be forwarded to the County Council via the Planning Commission. Your Committee on Planning is in accord with the intent and purpose of Bill No. 199 and recommends that it pass first reading. 140-44464,,/ .... ,_Y TAKASHIDOMINGO, CHAI MAN (ABSENT & EXCUSED) ) SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ, III, MEMBER (ABSENT & EXCUSED) SE ) ROBERT N. HERKES, MEMBER LORRAINE R. JITCHAKU-INOUYE, MEMBER Adv , fA ^ 'USSELL S. KOKUBUN, MEMBER MERLE K. LAI, MEMBER NW" LA/TN L