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COM 0859.000 2008-2010
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COM 0859.000 2008-2010
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Last modified
9/10/2010 8:22:22 AM
Creation date
6/29/2010 8:19:17 AM
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Communications
Communications - Type
COM
Communications - Council Term
2008-2010
Communication
0859
Point
000
Author
William P. Kenoi, Mayor
Communications - Referred To
PC
Document Relationships
AGE COUNCIL 08/03/2010 2008-2010
(Related To)
Path:
\Council Records\Agendas\2008-2010\Council
AGE COUNCIL 08/18/2010 2008-2010
(Related To)
Path:
\Council Records\Agendas\2008-2010\Council
AGE PC 07/20/2010 2008-2010
(Related)
Path:
\Council Records\Agendas\2008-2010\Planning Committee (PC)
BIL 265 Draft 01 2008-2010
(Related)
Path:
\Council Records\Bills\2008-2010
ORD 2010-077 2008-2010
(Related To)
Path:
\Council Records\Ordinances\2010
ORD 2010-077 2008-2010
(Related)
Path:
\Council Records\Ordinances\2010
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The Honorable J Yoshimoto, Chairman <br /> and Members of the County Council <br /> Page 3 <br /> Surrounding properties in the general area of the subject property are in residential <br /> and agricultural use. Lots to the north and west are approximately 5 acres in size and lots <br /> immediately to the south and east are 1 -2 acres in size. Policy LU (Land Use) 2.8(2)(b)(i) <br /> of the Kona Community Development Plan indicates that change of zone requests within <br /> the Kona Urban Area but outside of Transit Oriented Developments (TOD's) must be <br /> consistent with the General Plan LUPAG designation. Thus, the applicants request for a <br /> change of zone to FA -2a in order to subdivide and create two, 2 +/- acre lots is appropriate <br /> in this area as it will not diminish the potential for future agricultural uses on the property <br /> as is consistent with the General Plan and LUPAG Map designation of Urban Expansion. <br /> All essential utilities and services are available to the site. The existing <br /> dwelling is accessed via a driveway from Mamalahoa Highway, which is a paved two - <br /> lane County roadway with 18 to 20 -foot wide pavement within a variable right -of -way <br /> width (approximately 40 -feet wide in the vicinity of the subject property). According to <br /> the Department of Public Works, Mamalahoa Highway is substandard based on width, <br /> alignment and roadside hazard clearances. Mamalahoa Highway is classified as a <br /> collector in the General Plan and is proposed to have a minimum 60 -foot wide right -of- <br /> way; therefore, a condition of approval will require the applicant provide a 10 -foot <br /> setback for future road widening purposes. <br /> Should the change of zoning be approved, the applicant proposes access to the <br /> future subdivided makai lot via an existing 20 -foot wide access easement (identified as <br /> "Existing Easement A for Access Purposes" in Figure 3 of the application) which <br /> currently provides access to Lots 3A through 3 -E, and a new 18 -foot wide access and <br /> utility easement over Lot 3 -D (identified as "Proposed Easement A -1" in Figure 3 of the <br /> application). To date, the applicant has not provided documentation indicating that the <br /> future subdivided lot can acquire a right of access for Easement A. Additionally, the <br /> Rezoning Exhibit included in the application would not comply with the Zoning Code <br /> because the creation of Easement A -1 will reduce the size of Lot 3 -D, which is zoned <br /> Agricultural -1 acre, below the minimum 1 -acre lot size. In order to allow the creation of <br /> Easement A -1 but maintain a 1 -acre lot size for Lot 3 -D, the applicant would need to <br /> consolidate the subject property with Lot 3 -D (which is owned by the applicants son) or <br /> Lot 3 -E (owned by the applicant) and re- subdivide to create two or three lots. This would <br /> fulfill the applicant's purpose of subdividing the subject property into two lots but would <br /> also meet the Zoning and Subdivision Code requirements related to minimum lot size and <br /> access. Another viable option that would meet Zoning and Subdivision Code <br /> requirements is to subdivide the subject property into two lots with a flag lot <br /> configuration so that the makai lot is accessed from Mamalahoa Highway via the "pole" <br /> portion of the flag lot. This option would not involve Existing Easement A or require <br /> Proposed Easement A -1, and therefore the applicant would not need to provide <br />
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