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and the subdivision process would begin immediately thereafter. <br /> 4. Landowner: Timothy Joseph Ward and Kay Lynn Ward. <br /> 5. Supporting Information: (Planning Department Exhibit 2 - State Land Use <br /> Boundary Amendment and Change of Zone Applications Dated January 7, 2021) <br /> PROJECT AREA PERMIT HISTORY <br /> 6. Subdivision No. 97-000046: According to the applicants, there was a prior dispute regarding <br /> access to the property with the neighbor to the west on TMK(3) 7-3-005:080.As a result, in <br /> 1997 the parties consolidated and re-subdivided former lot 31 into lots 31-A and lot 31-B <br /> (subject property) such that lot 31-B would have access off a cul-de-sac on Ihumoe Street. <br /> 7. Settlement and Release Agreement: A private Settlement and Release Agreement was also <br /> entered in 2007 which contains continuing obligations when the property is further <br /> subdivided (Exhibit F of the application). The Settlement Agreement requires that in the <br /> event that there is a further subdivision of the property, the owners of the subject property <br /> allow the Ikedas (or their success(ors)upon request, to review any plans or drawings <br /> submitted to the County. Further, in the event the subject property is subdivided, the common <br /> boundary of the subject property and Parcel 80 will be further adjusted such that the north <br /> corner of the common boundary will be placed so that it intersects with the southeast corner <br /> of Lot 14 of the Kona Palisades subdivision, which will result in a reduction in the area of the <br /> subject property. Paragraph 4 of the Settlement Agreement also requires the erection of a <br /> wall, fence, or low maintenance planting screen along the common boundary of the subject <br /> property and Parcel 80. Nothing in the private legal agreement precludes the applicants from <br /> applying for the subject SLU Boundary Amendment or Change of Zone. <br /> STATE AND COUNTY PLANS <br /> 8. State Land Use Designation: Agricultural. <br /> 9. County Zoning: A-5a and A-la. <br /> 10. General Plan LUPAG Map: Low Density Urban. <br /> 11. Kona Community Development Plan (CDP): The Kona CDP as amended,was adopted <br /> by the Hawai`i County Council by Ordinance No. 19 91 on September 18, 2019 and <br /> identifies the preferred land use pattern for the North and South Kona districts. The <br /> subject property is situated within the KCDP's Kona Urban Area. <br /> -2- <br />