HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-REZ-2022-019) Magen-CO W e llREZ.5.26.22
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
AMY HAGEN-COWELL TRUST
CHANGE OF ZONE APPLICATION (PL-REZ 2022-000019)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Planning Director reserves the right to modify and/or
alter this position based upon additional information presented at the public hearing. This
favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from an Agricultural-1 acre
(A-la) zoning district to a Single-Family Residential-10,000 square feet(RS-10) zoning
district for 6.875 acres of land. If the requested land use entitlement changes are
approved, the applicant proposes to subdivide the property into a total of 15 lots,with a
minimum lot size of 14,000 square feet each. The applicant is also requesting a
concurrent State Land Use Boundary Amendment from an Agricultural to an Urban
district for approximately 6.875 acres of land.
The applicant is proposing to construct a new County dedicable standard road to
service the proposed subdivision from Hawaii Belt Road (Mamalahoa Highway) to the
north (mauka) of the intersection with Alii Drive. Additonally, the applicant proposes to
construct a 12-foot-wide, paved outbound access easement within a 20-foot-wide
easement to access Hawaii Belt Road from the southern end of the subject property.
According to the applicant, a subdivision application would be filed immediately
after the granting of the Change of Zone and State Land Use Boundary Amendment. The
applicant anticipates having the property subdivided by the beginning of 2023 and
estimated cost of the project to be around$2 million.
In order to consider an area for any type of zoning designation, the applicable
goals, policies, and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
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can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an A-la to an RS-10 zoning district
conforms to applicable goals, policies and standards of the General Plan and the
Kona Community Development Plan (CDP). The subject, 6.875-acre property is
triangular in shape, gradually slopes from east to west with less than a 10% slope and is
located on the northeastern corner of the Hawaii Belt Highway intersection with Alii
Drive extension and Nap6`opo`o Road. The subject property is currently improved with a
36 square foot agricultural shed and is otherwise vacant and covered with vegetation.
Lands to the north are zoned A-la and RS-10. Lands to the northeast are zoned
RS-15. Lands to the east are zoned A-la and CV-10. Lands across the Hawaii Belt
Highway intersection with Alii Drive extension and Nap6`opo`o Road and to the west
are zoned A-5a and lands to the south are zoned CV-10. Surrounding land uses include a
mixture of small farms,residential subdivisions, and commercial uses.
The RS (Single-Family Residential) zoning district provides for lower or low and
medium density residential use,for urban and suburban family life. It applies to areas
having adequate facilities to carry out the above stated purpose.
The Land Use Pattern Allocation Guide (LUPAG)Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The proposed RS-10 zoning conforms to
the General Plan Land Use Pattern Allocation Guide (LUPAG) Map which designates the
subject property as Low Density Urban (LDU) and Medium Density Urban (MDU).
According to the General Plan, the LDU designation allows for residential (with ancillary
community and public uses), and neighborhood and convenience-type commercial uses;
overall residential density may be up to six units per acre. The MDU designation allows
for village and neighborhood commercial and residential and related functions (3-story
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commercial; residential up to 35 units per acre). Based on the preceding,proposed RS-10
zoning would effectuate an increase in single-family residential density that would be
consistent with the LDU/MDU LUPAG designations.
In addition, the proposed RS-10 zoning is consistent with the following Land Use
goals, policies, and standards of the General Plan:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
■ Allocate appropriate requested zoning in accordance with the existing or
projected needs of neighborhood, community, region and County.
■ Zoning requests shall be reviewed with respect to General Plan designation,
district goals, regional plans, State Land Use District, compatibility with adjacent
zoned uses, availability ofpublic services and utilities, access, and public need.
■ Designate and allocate single-family residential zoned lands at varying densities
for future use in accordance with the needs of the communities and the stated
goals,policies, and standards.
The Kona Community Development Plan (KCDP)was adopted by the Hawai`i
County Council by Ordinance No. 08-131 on September 25, 2008. The subject property
is located within lands covered by the KCDP and is situated within the Captain Cook
Rural Town TOD, an area where the KCDP encourages growth. According to Section
4.2.2, overall land use strategy indicates that "outside of the Kona Urban area, the
character of the rural towns shall prevail. This means that limited future growth should
be directed to the existing rural towns and villages in a way that revitalizes and enhances
the existing rural lifestyle and culture of those communities. Outside of these towns and
villages, the protection of important agricultural lands is a priority objective. "
Based on the preceding, the proposed change of zone is consistent with the
General Plan and the KCDP.
All essential utilities and services are available to the site. The subject property
is located at the cross junction of Hawaii Belt Road (Mamalahoa Highway), Alii Drive
Extension and Napo`opo`o Road. Access to the subject property is directly from Hawaii
Belt Road, a primary arterial roadway that is owned and maintained by the State. The
applicant is proposing to construct a new County dedicable standard road to service the
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western end of the proposed subdivision from Hawaii Belt Road and a 12-foot-wide,
paved outbound access easement within a 20-foot-wide easement from the southern end
of the subject property. Anticipated traffic for the 14-lot residential subdivision will be
far less than the 50 peak hour vehicle trip, thus a Traffic Impact Analysis Report(TIAR)
pursuant to the concurrency section of the Zoning Code was not triggered.
According to comments by the Hawaii Department of Transportation (HDOT),
HDOT objects to the secondary access (to the south) due to potential safety issues related
to the cross-intersection to multiple highways and roadways, with the specific potential of
creating conflicting traffic movements in close proximity to the existing signalized
intersection. HDOT further states that a traffic assessment or access evaluation shall be
submitted and accepted by the Highways Division, Hawaii District Engineer, including
both an analysis of traffic safety and line of sight for the two (2)proposed access points
as well as an outbound, left turn assessment related to traffic safety. In addition, HDOT
states that no additional water service laterals shall be allowed for the development from
the highway's right-of-way and any existing laterals for the property must be removed
and relocated within the development roadway. Lastly, HDOT states that the applicants
shall obtain a use and occupancy permit from HDOT Highways Division for the use of
any portion of the right-of-way along the state-owned portion of the Hawaii Belt Road.
A condition of approval will be added to ensure the development complies with all
HDOT requirements.
According to Department of Water Supply (DWS), the subject property has water
commitments for 25 units of water(averaging 400 gallons per day)through June 20,
2022. As a condition of approval,the applicants will be required to maintain water
commitments to facilitate the development and construct necessary water system
improvements as required by the Department of Water Supply (DWS)prior to securing
Final Subdivision Approval.
As there is no municipal sewer system in the area,wastewater will be disposed of
through individual wastewater system(s) meeting with requirements of the State
Department of Health. Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer stations.
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All essential utilities are available to the property. The area is served by police
and fire stations in Captain Cook and Pu`uloa. Konawaena Elementary, Intermediate and
High School is located approximately one (1)mile north of the property. Medical
services are available at the Kona Hospital located less than three (3)miles north of the
subject property in Kealakekua.
There are no severe geological or topographical problems for the property
that cannot be properly rectified, or which would render the land unusable. The
project site has no severe geological or topographical problems which cannot be properly
rectified, or which would render the land unusable. According to the Flood Insurance
Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA),
the property is located in Zone "X" or"Area of Minimal Flood Hazard" and it is not
known to be prone to flooding. The topography of the subject property gradually slopes
from east to west with less than a 10% slope.
The Department of Public Works (DPW)requires that all development generated
runoff shall be disposed of on-site and shall not be directed toward any adjacent
properties. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The
preceding will be added as conditions of approval.
The request is not contrary to Chapter 205A,Hawaii Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located over one
(1) mile from the nearest shoreline, is not situated within the Special Management Area
and will not be impacted by coastal hazard and beach erosion. There are no identified
recreational resources or public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, marine resources, or other natural and
environmental resources in the area. Thus, the proposed request and use of the property
will not adversely impact those resources.
There was no formal flora and/or fauna study conducted for this Change of Zone
request. Due to previous grading, grubbing and cattle grazing activity, the applicants
indicated that it is unlikely that any threatened or endangered floral or faunal species are
present on the property.
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The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH"
and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering
and fishing rights must be addressed in terms of the cultural,historical, and natural
resources and the associated traditional and customary practices of the site.
Investigation of valued resources: An archaeological inventory survey (AIS)
entitled"Final Archaeological Inventory Survey, TMK: 8-1-008:004, Ka`awaloa
Ahupua`a, South Kona District, Island of Hawaii" was prepared by Haun and Associates
in March 2021.
The valued cultural, historical, and natural resources found in the rezoningarea:
The AIS identified four historic sites with a total of 26 features. These consist of three
single feature wall sites (Site 50-10-47-311441, Site 31145, and Site 31146) and one
complex comprised of 23 component features (Site 31147). The identified features
consist of nine enclosures, four walls, three stone-lined pits, two concrete pads, two
platforms,two retaining walls, one lava blister, one trail, one walled terrace, and one
wooden structure. Feature function consists of livestock control (12), activity area(6),
storage (5),bathroom (2), and transportation (1). The four sites in the project area possess
integrity of location, design, setting, materials, and workmanship. All of the sites are
assessed as significant for its information content(Criterion "D"). The sites have yielded
information important for understanding historic habitation and animal husbandry
activity in the area. Site 31147 is additionally assessed as significant under Criterion"B"
(association with the lives of persons important in our past),based on the site's
association with the Reverend John Davis Paris and his family. The AIS determined all
sites were adequately documented and were recommended for no further archaeological
work. The three perimeter wall sites will not be impacted by land alteration and will be
avoided during construction, with the exception of possible breaches for access and
utility installation.
By letter dated April 20, 2021, the State Historic Preservation Division (SHPD)
accepted the AIS, agreeing with the significance determination and requesting that an
archaeological monitoring plan (AMP)be submitted to SHPD for review. By letter dated
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June 24, 2021, SHPD approved the AMP. A condition of approval will require
compliance with the approved AMP.
According to the applicants, it is not known whether the subject property or
immediate surrounding area has been used in the recent past for the gathering of plants by
Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians
gathering plants or conducting any other customary and traditional practices on the site or
the adjoining properties.
Possible adverse effect or impairment of valued resources: With the exception of
the previously mentioned archaeological sites, which should be protected pursuant to the
approved AMP, the impairment of other valued resources on the property is unlikely.
Feasible actions to protect native Hawaiian rights: As stated by the applicant,no
gathering is taking place on the site. Thus, to the extent to which traditional and
customary native Hawaiian rights are exercised, the proposed action will not affect
traditional Hawaiian rights; therefore, no action is necessary to protect these rights.
However, in addition to the AMP mentioned above, a condition of approval will be added
for the protection of inadvertent finds should any remains of historic sites, such as rock
walls, terraces, platforms, marine shell concentrations or human burials be encountered.
Lastly, this recommendation is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the proposed use, prior to its commencement or establishment upon the
subject properties. Additional governmental requirements may include the issuance of
building permit, compliance with the Fire Code, installation of improvements required by
the American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings,the request to rezone the property from an Agricultural-
1 acre (A-la) zoning district to a Single-Family Residential 10,000 square feet(RS-10) zoning
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district would result in an appropriate land use pattern that would further benefit the general
public.
The accompanying draft bill to amend Section 25-8-4 (South Kona Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 edition, as amended), is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
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4�M�V`OF h{`�pi
COUNTY OF HAWAII +_ STATE OF HAWAII
ri�•oF•rr.M�
BILL NO.
ORDINANCE NO. (Ylatilibiy Pep+.)
AN ORDINANCE AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL— 1 ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL— 10,000
SQUARE FEET (RS-10)AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY
TAX MAP KEY: 8-1-008:004.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL
SECTION 1. Section 25-8-4,Article 8, Chapter 25 (Zoning Code) of the Hawaii County
Code 1983 (2016 Edition, as amended)is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Kealakekua, South
Kona, Hawaii, shall be Single-Family Residential District— 10,000 square feet(RS-10):
LOT 1
Beginning at the Northwesterly corner of this parcel of land, being also the
Northeasterly corner of Lot 2 of this subdivision and being a point on the Southerly
boundary of Parcel 188 TMK: 8-1-006 (3rd Division), the coordinates of said point of
beginning referred to Government Survey Triangulation Station"PU`U OHAU,"being
6,201.12 feet South and 11,871.10 feet East and running by azimuths measured clockwise
from True South:
Thence, for the next seven (7) courses following along the remainder of Royal
Patent 4386, Land Commission Award 8452,Apana 10 to A. Keohokalole:
1. 2490 56' 40" 247.74 feet along Parcels 188 and 062 of
TMK: (3) 8-1-006 and along Lot B
to a point;
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2. 2510 00' 304.44 feet along Parcel 001 of TMK: (3) 8-
1-006 to a point;
3. 2520 33' 320.95 feet along Parcel 001 of TMK: (3) 8-
1-006 to a point;
4. 3190 30' 40" 153.97 feet along Lots 11, 10, and 9 of
Captain Cook Village subdivision to
a point;
5. 480 39' 40" 744.95 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
6. 3330 27' 48.28 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
7. 170 09' 30" 91.36 feet along Parcel 003 of TMK: (3) 8-
1-008 to a point;
Thence, from a tangent azimuth of 117°03' 11" following along the Northeasterly
side of Mamalahoa Highway on a
curve to the right with a radius of
715.00 feet, the chord azimuth and
distance being:
8. 1310 40' 34" 361.02 feet to a point;
Thence, for the next six (6) courses following along Lot 2:
9. 1520 40' 59.82 feet to a point;
10. 1580 13' 35.96 feet to a point;
11. 1770 37' 12.02 feet to a point;
12. 1580 09' 30" 31.69 feet to a point;
13. 1390 09' 11.95 feet to a point;
14. 1590 04' 88.08 feet to the point of beginning and
containing an area of 6.875 Acres.
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LOT 2
Beginning at the northwest corner of this parcel of land and along the easterly side
of Mamalahoa Highway, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PU`U OHAU,"being 6,202.93 feet South and
11,866.16 feet East,thence running by azimuths measured clockwise from True South:
1. 2490 56' 40" 5.26 feet along the remainder of R. P.
4386, L. C. Aw. 8452, Ap. 10 to
Keohokalole;
Thence, along the remainder of R. P.
4386, L.C. Aw. 8452,Ap. 10 to
Keohokalole (Lot 1) for the next six
(6) courses,the direct azimuths and
distances being:
2. 3390 04' 88.08 feet;
3. 3190 09' 11.95 feet;
4. 3380 09' 30" 31.69 feet;
5. 3570 37' 12.02 feet;
6. 3380 13' 35.96 feet;
7. 3320 40' 59.82 feet;
8. Thence, along Mamalahoa Highway on a curve to the right with a radius of
715.00 feet, the chord azimuth and
distance being:
1550 53' 23" 238.25 feet to the
point of beginning and containing an
area of 1,769 Square Feet.
All as shown on the map attached hereto, marked Exhibit"A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
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(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
INSERT CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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CHagen-Cowe11REZ Jma.5.26.22
AMY HAGEN-COWELL TRUST
CHANGE OF ZONE APPLICATION (PL-REZ-2022-000019)
CONDITIONS OF APPROVAL
A. The applicant,its successors or assigns (Applicant) shall comply with all of the
stated conditions of approval.
B. The Applicant shall maintain valid water commitments to support the proposed
subdivision until such time that required water facilities charges are paid in full.
C. Prior to issuance of Final Subdivision Approval,the Applicant shall construct
necessary water system improvements meeting with the approval of the
Department of Water Supply.
D. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
E. Access to the subject property from the Hawaii Belt Road (Mamalahoa Highway)
shall meet with the approval of the State Department of Transportation (DOT).
F. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works prior to the
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to the construction of any proposed structures on the property.
G. All earthwork activities including grading, grubbing, and stockpiling shall
conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County
Code.
H. The Applicant shall comply with the Department of Health's Hawaii
Administrative Rules (HAR) Chapter 11-55,rules regarding Water Pollution
Control, which requires an NPDES permit for certain construction activities.
L The method of sewage disposal shall meet with the requirements of the State
Department of Health.
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J. The Applicant shall comply with the requirements of the Archaeological
Monitoring Plan approved by the State Historic Preservation Division on June 24,
2021 or any approved amendments thereto.
K. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g.,rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work,the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-
7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
L. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval and shall
be based on the actual number of additional residential units (inclusive of time
share units) or lots created. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three (3)years
after the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a
maximum combined value of$15,636.59 per single family residential unit. The
fair share contribution per single family residential unit shall be allocated as
follows:
1. $7,540.24 per residential lot to the County to support park and recreational
improvements and facilities;
2. $363.74 per residential lot to the County to support police facilities;
3. $718.44 per residential lot to the County to support fire facilities;
4. $314.54 per residential lot to the County to support solid waste facilities;
and
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5. $6,699.63 per residential lot to the County to support road and traffic
improvements.
In lieu of paying the fair share contribution, the Applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
M. To ensure that the Goals and Policies of the Housing Element of the General Plan
are implemented,the Applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to Affordable Housing Policy. This
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
O. The Applicant, its successors and/or assigns shall comply with all applicable
County, State and Federal codes, laws, rules,regulations and requirements for the
proposed development, including the Department of Public Works, Department of
Water Supply and Department of Health.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
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3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed
within one year may be extended for up to one additional year).
5. If the Applicant should require an additional extension of time, the
Planning Director shall submit the Applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
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AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-4 (SOUTH KONA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL DISTRICT (MINIMUM BUILDING SITE OF 1 ACRE) (A-1a)
TO SINGLE
FAMILY RESIDENTIAL DISTRICT (MINIMUM BUILDING SITE AREA OF 10,000 SQUARE FEET)
(RS-10)AT KEALAKEKUA, SOUTH KONA, HAWAII
MAP PREPARED BY:
TMK:(3)8-1-008:004 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:March 24,2022
Emy Hagen
-Cowell"A" Map: 1441