PD Recommendation Report Lili'uokalani Trust (PL-REZ-2023-051)

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3. The absence of any on-site development issues (drainage, archaeological/cultural, etc.) 4. The CV-10 zoning's continued consistency with the General Plan and Kona CDP. ■ Deletion of Conditions D and F: The applicant has completed improvements to Eho Street as required under Condition D and dedicated the improved roadway to the County via resolution. The applicant has also completed improvements to the Eho Street/Queen Ka`ahumanu Highway intersection meeting with the approval of the Department of Public Works (DPW) and the Department of Transportation (DOT) as required by Condition F, thus the applicant requests deletion of these completed conditions. ■ Deletion of Condition K: The Zoning Code was recently amended to prohibit the addition of conditions to any change of zone ordinance which allows the Planning Director to grant an administrative time extension (see HCC Section 25-2-44(c)), thus the applicant is requesting deletion of Condition K. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors, or assigns, and that are not the result of their fault or negligence. The subject 0.874-acre rezone area is part of a larger 4.61-acre property situated directly south (makai) of the Queen Kaahumanu Highway and adjacent to the west of the Kona Coast Shopping Center. For context, the rezone area was part of a larger area that was originally zoned General Industrial (MG-la) in 1967 as part of the County's comprehensive rezoning program. In 1971, the County Council approved Ordinance 400 which reclassified 7.546 acres of land from MG-la to CV-10 (for 6.143 acres of land) and to Open (for 1.403 acres of land). The Open zoned area was set aside to accommodate the planned widening of the highway and included the subject 0.874-acre rezone area. It should be noted that Ordinance 400 had no conditions of approval. It was later determined that the entire 1.403-acre Open zoned land area was not needed for highway widening, thus at the request of a then lessee,the applicant requested to rezone the Open zoned area to CV-10 to match the rest of the parcel and to facilitate the commercial development of the larger parcel. In 1991, the County Council approved 3