2012-07-19 Leeward Exh B - Bill No. 255

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zoned Agricultural-1 acre as indicated by the green color and Single Family Residential indicated by the mustard color. Again, those properties zoned Commercial is indicated here in pink. This is an aerial photo of the property. As you can see, the park site is, Greenwell Park is located here adjacent to the subject property, Yano Hall located there, and across the highway is the Manago Hotel. The subject property itself is outlined in a black border. The redline you see going through the property is the separation of the zoning district boundary. If I would back up quickly, back in 1979 this property did undergo a change of zone, but only for the mauka portion, mauka of the red line; the Commercial zone area along the highway was already in existence. So in 1979 there was a subsequent rezoning to rezone the mauka half of the subject property to a Commercial zoning consistent with that which already existed along the highway. As you can see on this particular map, this is the State Land Use Boundary Map. It shows the entire property within the State Land Use Urban District as indicated in the pink color. Areas indicated in the green are State Land Use agriculturally designated lands. This is our General Plan Land Use Pattern Allocation Guide Map. It is in an area designated for Low Density residential uses as indicated by the yellow color. Medium Density Urban uses, which also accommodate multiple family and commercial uses, are indicated here in orange. Also, note that the LUPAG Map is a broad brush representation of the land use policies for the County. This is the Kona Community Development Plan Map. The subject property is located somewhere around there – if I can get my pointer to shoot correctly. It is within a Rural Town TOD and there are no concurrency requirements for a Rural Town TOD, with the exception that that does encourage establishment of TOD master plans to guide the redevelopment of these Rural Towns. Bill 255 submitted by the Council attempts to delete Condition E in order to remove a restriction within the ordinance that currently limits uses on this Neighborhood Commercial zone property only to a visitor center and its directly related uses. Condition E currently states, “This amendment to change the district classification of property is limited to a visitor center and related and accessory uses of a visitor center in substantial conformance to the description in the current application” – submitted back in 2008 – “for reasons of public health, safety, and welfare due to flood hazards in the area.” When in 2008 there was an attempt by the Amy B.H. Greenwell Ethnobotanical Garden to amend the mauka half of the property, as I previously mentioned, and that was to accommodate a visitor center, during the course of hearings before the Planning Commission and ultimately at the County Council, the Council was concerned about potential flooding issues or drainage issues in a particular area. That being said, they saw it fit to incorporate this condition, which basically restricted uses to no more than a visitor center. This is a photograph of the affected area. This is an unnamed County road running basically mauka-makai, and we are looking makai with Manago Hotel in the background. The subject property is off to your right from this unnamed County road. And note the condition of the County road itself. This is looking back mauka along the same unnamed County road with the subject property off to your left. This is a view of the Ethnobotanical Center with the visitor center located to the right of the screen, and you may notice the paved circular driveway servicing the center. And again, this is a photograph of the visitor center itself. When we considered Bill 255, by eliminating Condition E, what that basically does is then allow all uses permitted within the CN zone district to occur on the subject property, regardless if the center is only envisioning nothing more than a visitor center and a farmers’ market, which has been the 2 EXHIBIT B