COM 0028.000 2022-2024 - Laserfiche WebLink

Home

Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 6, 2022 Page 5 recommends approval of the requested deletion of Condition G and addition of a new standard condition requiring compliance with Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control). The applicant is requesting to amend Condition M to clarify that fair share assessment applies only to the additional lots to be created, and that the values of the fair share contributions are updated to current requirements. While the applicant proposed specific language amending the condition to address the preceding, the Planning Director recommends updating the condition to apply all of the fair share assessment to Mamalahoa HighwaylKaloko Drive intersection as has been standard with other recent zone changes in the area. Finally, while the applicant also requested the possibility of an administrative time extension for timed conditions of the ordinance, the Department's common practice is to not add the administrative time extension condition to change of zone amendments as the original ordinance included that one-time privilege, and that timeframe to use the time extension has long passed. Furthermore, the applicant has not provided any compelling reason for the need for additional time. According to the application, the applicant will immediately submit subdivision plans upon amendment of the ordinance and with the removal of the requirement to submit recorded restrictive covenants and removal of the requirement to submit an archaeological study, the 5-year timeframe should be sufficient to secure final subdivision approval_ Based on the preceding, the granting of the time extension and other proposed amendments would not be inconsistent with the original reasons for the granting of the change of zone. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The project site is located approximately seven (7) miles from the nearest shoreline and is not situated within the SMA. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaii State Supreme Court's PASH and "Ka Pa`akai O Ka`aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary