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Heather Kimball, Council Chair and Members of the County Council County of Hawai,i December 6, 2022 Page 4 agencies to provide infrastructure and utilities to the property. Neither the Department of Public Works, Engineering Division, the State Department of Transportation nor the State Department of Health had significant concerns regarding the request. The property has direct access to Kaloko Drive and any driveways thereto will need to meet with the requirements of the Department of Public Works. There is sufficient water for the proposed request and the applicant has paid the water commitment fee for three (3) additional units of water through June 30, 2025. Conditions of approval will require the applicant to maintain those water commitments and construct all water system improvements as may be required by the Department of Water Supply. The applicant has also requested to amend Conditions E and F to remove the requirement to record restrictive covenants prior to receipt of final subdivision approval. According to the applicant, the submission of the recorded documents is redundant and can be time consuming since a draft of the restrictive covenants must be approved by the Planning Director prior to its submittal for to Bureau of Conveyances for recordation. Based on the preceding, the Planning Director recommends approval of these amendments, as they are not contrary to the original intention of these conditions. The subject parcel is in an area designated as Zone "X" on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency, determined to be outside the 500-year flood plain. The applicant has requested to amend Condition I (Drainage Study) to require that all development-generated runoff be disposed of on site and not directed toward any adjacent properties. This amendment will bring the condition in alignment with conditions in other recent zone changes in the area and update it to current standard language. Based on the preceding, the Planning Director recommends approval of this request. There are no severe geological or topographical problems which cannot be properly rectified. The applicant has requested deletion of Condition G, which required restrictive covenants in the deeds of all proposed lots to require individual owners to file a conservation plan with the Kona Soil and Water Conservation District. This language was common for older rezones, as the Soil and Water Conservation Districts were the organizations that managed soil erosion and sedimentation control. When Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control) was amended in the early 2000s, it transferred responsibility for erosion management to the County Department of Public Works (DPW) through the grading and grubbing permit process, thus the applicant's proposed addition of the standard Chapter 10 condition is appropriate. DPW did however note that if long term agricultural operations are to take place, a conservation program with the applicable soil and water conservation district is more appropriate and would be an exclusion to a Chapter 10 permit. If the applicant or any individual lot owner chooses to take advantage of this process, they can do so under the auspices of current County Code. Based on the preceding, the Planning Director