COM 0748.000 2014-2016 - Laserfiche WebLink

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2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that, since the time that the site was rezoned in 1999, an update to the County General Plan was adopted County Council in 2005 and the Kona Community Development Plan (Kona CDP), as directed by the more recent update to the General Plan, was adopted in 2008. This request for an extension of time continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map designation for the site, which was changed from"Orchards"to "Urban Expansion". These areas allow for"a mix of high density, medium density, low density, industrial, industrial-commercial and open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." In reference to the Kona CDP, the property is situated within the Kona Urban Area, though not within a designated Transit-Oriented Development(TOD) area on the Kona CDP Official Kona Land Use Map. The Kona CDP directs most future growth to within the Kona Urban Area and encourages growth towards Transit-Oriented Development (TOD) areas, or to infill areas within or adjacent to existing development. The property is located in what would be considered an infill area that is adjacent to similar 1-acre Agricultural zoned parcels and, as shown in the Zoning Map (Figure 4), and there is an established pattern of development in the general area from what had historically been Agricultural 5-Acres to smaller agricultural lots ranging from 1/2 acre to 3 acres in size, with the predominate trend toward Agricultural and Family Agricultural 1-Acre, similar to the Applicant's property. Additionally, the objectives and policies of the Kona CDP pertaining to rezonings includes the transportation related policy regarding Concurrency (Objective Tran-6, Concurrency, Policy Tran-6.1, Official Concurrency Map), which states: "The Kona UA (Urban Area) shall be designated as a"critical road area", as defined in HCC (Hawaii County Code) 23-2-4.6. Rezonings within the Kona UA shall comply with the official Concurrency Map (See Table 4-1 and Figure 4-3), which identifies the road segments to be constructed concurrent with occupancy of units as the minimum "area mitigation", as defined in HCC 25-2-46 (Zoning Code)." Related to this, an August 27, 2014 advisory from the Kona CDP Action Committee to the County Planning Director provides clarification as to the intent of the above policy, states that: "The Action Committee advises that the intent of the CDP policy - transportation 6.1 - is to require that the official concurrency map be applied as follows: To the extent that road improvements are necessary as area mitigation for a project within the Kona CDP, such improvements shall be for some or all of the road segments in that concurrency zone sufficient to offset the traffic demand or impact generated by that project,based on the Level of Service in accordance with the standards for such determinations as set forth in section 25-2-46 of the zoning code." As pointed out in the above statement, the referenced section 25-2-46 of the zoning code sets the standards for determining if a traffic impact analysis report(TIAR), which is then used to