PD BACKGROUND REPORT (PL-REZ-2022-000035)

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Policy LU-3.8:Rezoning Outside of Urban and Rural TODs and Outside of GP LUPAG Urban Area. Rezoning of areas currently zoned agricultural, outside of the Urban and Rural TOD areas shown on Figure 4-7 Official Kona Land Use Map, and outside of urban designations on the General Plan LUPAG, shall not be allowed, except in the following limited circumstances: (1) the rezoning allows only a small number of additional lots, consistent in scale with the transfer of lots to family members, (2) the rezoning does not create a net increase in the potential number of agricultural lots (such as a rezoning that increases potential density in one area but also reduces density in another), or (3) the rezoning is to permit a subdivision consistent with the Clustered Rural Subdivision Guidelines, while preserving the majority of the property in non-residential use dedicated to agriculture, open space, or other conservation purposes, and does not have the primary effect of allowing subdivision into lots smaller than allowed by existing zoning. This policy is intended to prevent the rezoning of agricultural property to allow agricultural subdivisions where the primary objective of the lot owner will be to have a residential estate. Policy ENV-L5:Sensitive Resources: In the context ofKona's ecology and history, the following natural and cultural resources shall be considered sensitive and therefore shall be inventoried, as part off any permit application to the County Planning Department(see Figures 4-8a to 4-8d): • Critical habitat areas as identified by the U.S. Fish & Wildlife or County General Plan; • Predominantly native ecosystems, which may not be considered endangered but are valued because of their nearly pristine condition; ...Any permit application that encompasses any of the above resource shall incorporate these resources as assets... Discussion: The change of zone request will preserve the existing rural character of the area and continue to preserve the dedicated native forest on the property. The request is simply to change the zone form A-20a to A-10a so that the property can be divided in two among the current landowners, with Mr. & Mrs. Stevenson getting fee ownership over the portion of property containing their dwelling and Mr. Fumo getting sole fee ownership over the portion of the property containing his dwelling. This request, resulting in the creation of only one additional lot, is consistent in scale with the transfer of lots to a family member. No additional development is proposed and thus the project will continue to preserve the natural appearance of the land to the maximum extent possible and continue to protect the dedicated native forest land. 12