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PD RECOMMENDATION REPORT (PL-REZ-2022-032)
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2022-11-17 Leeward
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Item #1 Sunshine Holdings, LLC (PL-REZ-2022-000032)
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PD RECOMMENDATION REPORT (PL-REZ-2022-032)
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9/13/2022 10:50:11 AM
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11/1/2022 12:43:32 PM
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proposed request and the applicant has paid the water commitment fee for three (3) <br /> additional units of water through June 30, 2025. Conditions of approval will require the <br /> applicant to maintain those water commitments and construct all water system <br /> improvements as may be required by the Department of Water Supply. <br /> The applicant has also requested to amend Conditions E and F to remove the <br /> requirement to record restrictive covenants prior to receipt of final subdivision approval. <br /> According to the applicant, the submission of the recorded documents is redundant and <br /> can be time consuming since a draft of the restrictive covenants must be approved by the <br /> Planning Director prior to its submittal for to Bureau of Conveyances for recordation. <br /> Based on the preceding, the Planning Director recommends approval of these <br /> amendments, as they are not contrary to the original intention of these conditions. <br /> The subject parcel is in an area designated as Zone "X" on the Flood Insurance <br /> Rate Map (FIRM) by the Federal Emergency Management Agency, determined to be <br /> outside the 500-year flood plain. The applicant has requested to amend Condition I <br /> (Drainage Study) to require that all development-generated runoff be disposed of on site <br /> and not directed toward any adjacent properties. This amendment will bring the condition <br /> in alignment with conditions in other recent zone changes in the area and update it to <br /> current standard language. Based on the preceding, the Planning Director recommends <br /> approval of this request. <br /> There are no severe geological or topographical problems which cannot be <br /> properly rectified. The applicant has requested deletion of Condition G, which required <br /> restrictive covenants in the deeds of all proposed lots to require individual owners to file <br /> a conservation plan with the Kona Soil and Water Conservation District. This language <br /> was common for older rezones, as the Soil and Water Conservation Districts were the <br /> organizations that managed soil erosion and sedimentation control. When Chapter 10 of <br /> the Hawaii County Code (Erosion and Sedimentation Control) was amended in the early <br /> 2000s, it transferred responsibility for erosion management to the County Department of <br /> Public Works (DPW) through the grading and grubbing permit process, thus the <br /> applicant's proposed addition of the standard Chapter 10 condition is appropriate. DPW <br /> did however note that if long term agricultural operations are to take place, a <br /> conservation program with the applicable soil and water conservation district is more <br /> -4- <br />
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