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REPORT OF THE <br />COMMITTEE ON PLANNING <br />DATE: April 20, 2004 RE: Comm. No. 438/Bill No. 199 <br />PLACE: Councilroom <br />TIME: 2:25p.m. <br />Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Your Committee on Planning, to which was referred Communication No. 438 and Bill No. 199, <br />transmitted by Mayor Harry Kim, dated December 3, 2003, regarding a Change of Zone request <br />application by Nani Kona Aina, LLC, at Hienaloli 2"d to 4th, North Kona, Hawaii, TMK: 7-5-010:066, <br />reports as follows: <br />Bill No. 199 seeks to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) <br />of the Hawaii County Code, by changing the District Classification of approximately 14.533 acres of land <br />from Agricultural-5 acres (A-Sa) to Single Family Residential 10,000 Square Feet (RS-I0). <br />Communication No. 438 reports the Hawaii County Planning Commission, as required by the Hawaii <br />County Charter, Chapter 4, Section 6-4.3(C), considered the above request and accompanying Bill No. 198 <br />on November 7, 2003. The Commission voted to forward this request with an unfavorable <br />recommendation. Communication No. 438 relates that the Commission voted against the Planning <br />Directors recommendation for approval, in view of the fact that the developer could not remedy local <br />congestion problems in the community. Communication No. 438, in synopsis, also reports the Planning <br />Director's findings and recommendations as the following: <br />1. The applicant, Nani Kona Aina, L,LC, is requesting a State Land Use Boundary Amendment from <br />Agricultural to Urban for approximately 14.533 acres of land identified as TMK: 7-5-10:66. <br />2. The subject property is Lot 6 of aconsolidation\re-subdivision action (SUB 2000-0066) that <br />received Pinal Approval in July 2001. <br />3. CL&D One, LLC is the fee owner of the parcel. Nani Kona Aina, LLC, is the managing member <br />ofCL&D One, LLC. Dan Bolton is the managing member of Nani Kona Aina, LLC. <br />4. The subject property is located between Aloha Kona Drive and the Kona Heights Subdivision, in <br />Hienaloli, North Kona. <br />5. "I'he applicant intends to subdivide the property into a 43-lot subdivision containing lots <br />approximately 10,000-square feet in size. The applicant will not build homes on the lots, but does <br />intend to place a restrictive covenant prohibiting ohana or second dwellings on each lot. <br />6. Access to the project is proposed through Nani Kailua Drive. The applicant reports that he is also <br />working with nearby landowners to create a new access to the Hawaii Belt Road south of the Nani <br />Kailua intersection. <br />7. All utilities are or will be made available to the project site and constructed underground <br />PC Report No. 87 <br />