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COM 0028.000 2022-2024
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COM 0028.000 2022-2024
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Last modified
2/15/2023 11:42:34 AM
Creation date
12/15/2022 1:25:51 PM
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Communications
Communications - Type
COM
Communications - Council Term
2022-2024
Communication
0028
Point
000
Author
Mitchell D. Roth, Mayor
Communications - Referred To
LAAC
Document Relationships
AGE LAAC 2023/02/07 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
AGE LAAC 2023/02/21 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 007 Draft 01 2022-2024
(Related To)
Path:
\Council Records\Bills\2022-2024
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Heather Kimball, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> December 6, 2022 <br /> Page 3 <br /> applicant and recommended by agencies as further discussed below. <br /> Granting of the time extension and 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 1998. 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. The A-5a zoning is compatible with this <br /> LUPAG designation. <br /> Since the approval of the Change of Zone in 1998, the Kona Community <br /> Development Plan (CDP) was developed and adopted by the County Council on <br /> September 25, 2005 as Ordinance No. 08 131 and more recently amended by Ordinance <br /> No. 19 091, effective September 18, 2019. The Kona CDP has goals, objectives, and <br /> policies relevant to housing through its Land Use section that specifically includes similar <br /> goals as the General Plan regarding preservation of natural resources and native species, <br /> as well as watershed protection. <br /> The amended ordinance will retain condition requirements for perpetual <br /> easements, special setbacks, and forest coverage requirements for the purposes of <br /> protecting and maintaining naturally forested areas as well as the requirement to develop <br /> forest management plans as has been standard for change of zone requests in the Kaloko <br /> Mauka Subdivision. <br /> Finally, the A-5a zoning and proposed 4-lot subdivision is compatible with the <br /> rural character of lands located within the Kaloko Mauka Subdivision and will be <br /> developed in conformance with the Zoning and Subdivision Codes. Furthermore, <br /> Condition F will continue to require restrictive covenants prohibiting a second dwelling <br /> unit on each lot. The applicant is requesting the addition of the prohibition of <br /> Condominium Property Regimes (CPRs) on each lot to reflect more recent standard <br /> language for this type of condition. Based on the preceding, the Planning Director <br /> recommends approval of this request. <br /> Based on the preceding, the granting of the time extension and other proposed <br /> amendments would not be contrary to the General Plan, Kona Community Development <br /> Plan and the Zoning Code. <br /> Granting of the time extension would not be contrary to the original reasons <br /> for the granting of the change of zone. The original reasons for granting the change of <br /> zone remain valid today. The proposed request will not unreasonably burden public <br />
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