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Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> May 6, 2022 <br /> Page 3 <br /> amendments to Condition E and deletion of Condition J to be more consistent with most <br /> recent rezoning conditions in this area. <br /> Based on the reasons provided it is determined that the applicant could not have <br /> foreseen the title issues, which was beyond their control and was not the result of their <br /> fault or negligence. Furthermore, the Planning Director has recommended updating the <br /> existing conditions to reflect the current standard language and adding new conditions as <br /> recommended by agencies. The applicant is committed to complying with the conditions <br /> of approval, including the requirements for protecting and maintaining the naturally <br /> forested areas on their property by creating forest reserve easements and enhanced <br /> structural setbacks on the property(s). Lastly, the applicant will be required to comply <br /> with all agency requirements and stated conditions of approval. <br /> Granting of the time extension amendments would not be contrary to the <br /> General Plan or Zoning Code.The original reasons for the approval of the change of <br /> zone are still applicable and the request is not contrary to these reasons. There have not <br /> been any significant changes to the General Plan or Zoning Code for this area since the <br /> subject rezone approval in 2006. At that time the General Plan LUPAG Map designation <br /> for the property was the same as it is today, Important Agricultural Lands. These are <br /> designated lands with better potential for sustain high agricultural yields because of soil <br /> type, climate, topography, or other factors. <br /> Since the approval of the Change of Zone in 2006, the Kona Community <br /> Development Plan(CDP)was since developed and adopted by the County Council on <br /> September 25, 2005 as Ordinance No. 08 131, as amended by Ordinance No. 19 091 <br /> effective September 18, 2019. The Kona CDP has goals, objectives, and policies relevant <br /> to housing through its Land Use section that specifically includes similar goals as the <br /> General Plan regarding preservation of natural resources and native species, as well as <br /> watershed protection. The proposed subdivision is compatible with the rural character of <br /> lands located within the Kaloko Mauka Subdivision and conditions of approval will <br /> continue to be required to be included in deeds of all the proposed lots for the subdivision <br /> which prohibit second dwelling units as well as require forest management plans. Both <br /> conditions are intended to preserve the agricultural ambience of the area and preserve the <br /> forest corridors within the Kaloko Mauka subdivision. <br /> Granting of the time extension would not be contrary to the original reasons <br /> for the granting of the change of zone. The proposed request will not unreasonably <br /> burden public agencies to provide infrastructure and utilities to the property. The <br /> Department of Public Works and Department of Health had no concerns regarding the <br /> request. The property has sufficient access to Kaloko Drive. There is sufficient water for <br /> the proposed request and the applicant has paid the water commitment fee for six(6) <br /> additional units of water through October 31, 2024. Based on the preceding, the Planning <br />