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RKCC REZAmend. c rk. 5.15.2020 <br />COUNTY OF HAWAII PLANNING DEPARTMENT <br />RECOMMENDATION <br />KONA COUNTRY CLUB, INC. <br />AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09 159 (REZ 09-98) <br />Upon careful review of the request to amend conditions of Change of Zone Ordinance <br />No. 09 159, the Planning Director is recommending that a favorable recommendation for a <br />time extension to Condition D (Time to Complete Construction) of Ordinance No. 09 159 <br />be forwarded to the County Council. Since this recommendation is made without the benefit <br />of public testimony, the Director reserves the right to modify and/or alter this position based on <br />additional information presented at the public hearing. This recommendation is based on the <br />following findings: <br />The applicant, Kona County Club, Inc., has submitted an application for a five (5) <br />year time extension to Condition D (Time to Complete Construction) of Ordinance No. <br />09 159, which was originally approved on December 30, 2009, and which reclassified <br />51.058 acres of land from an Agricultural 5 -acre (A -5a) to a Multiple -Family Residential <br />30,000 square feet (RM -30) zoning district. <br />The applicant initially proposed to develop a maximum of sixty (60) single- and <br />multiple -family residential units and related amenities with the intent of having them <br />used as vacation rental units. In trying to address the various rezoning conditions such as <br />water (according to the applicant, DWS requires approximately two (2) units of water for <br />each dwelling unit to account for potable water and irrigation), archaeology, and <br />emergency access, the plan was scaled back to twenty-nine (29) single-family dwellings <br />with related amenities, including a recreation center, to possibly include a pavilion or <br />lanai, swimming pool, and a barbeque area. <br />The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicants, successors or assigns, and that <br />are not the result of their fault or negligence. Since the change of zone was granted in <br />2009, the applicant has been diligently working on satisfying conditions of approval, the <br />most time consuming of which were completing archaeological and cultural resource <br />mitigation plans. <br />1 <br />