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HomeMy WebLinkAboutPD Background Report (Amend REZ-99-000019 & SLU-99-000009) -1- B+RKomoLLP_RepealREZ-SLU COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT KOMO BROTHERS LLP REPEAL CHANGE OF ZONE ORDINANCE NO. 99-150 (AMEND REZ 99-000019) & STATE LAND USE BOUNDARY ORDINANCE NO. 99-49 (AMEND SLU 99-000009) The Applicant is requesting to repeal Change of Zone Ordinance No. 99-150, amending Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2016 edition, as amended), which will revert the current zoning of the subject property from Neighborhood Commercial-20,000 square feet (CN-20) to its original Agricultural-5 acre (A-5a) zoning district and to repeal State Land Use Boundary Ordinance No. 99-149, which will revert the State Land Use Boundary District from Urban to its original designation of Agricultural, for an approximately 7.794-acre portion of an 18.667-acre parcel of land. The subject parcel is located on the west (makai) side of Queen Ka‘ahumanu Highway, adjacent to and south of the Church of Jesus Christ of Latter-day Saints and east of the Lono Kono Subdivision, Kailua-Kona, North Kona, Hawai‘i, TMK: (3) 7-5-003: Portion of 024. APPLICANT’S REQUEST 1. Request: Brian T. Komo of Komo Brothers LLP submitted a letter dated May 25, 2026 (Planning Department Exhibit 1 - Request Letter) requesting to repeal State Land Use Boundary Ordinance No. 99-149 (Planning Department Exhibit 2 - Ord. 99-149) and Change of Zone Ordinance No. 99-150 (Planning Department Exhibit 3 - Ord. 99-150) for an approximately 7.794-acre portion of an 18.667-acre parcel of land. The repeal of Ordinance No. 99-149 would revert the State Land Use District classification from Urban to its original classification of Agricultural. The repeal of Ordinance No. 99-150 would revert the zoning to its original Agricultural-5-acre (A-5a) zoning district from the current Neighborhood Commercial-20,000 square feet (CN-20) zoning district. Condition C of Ord. No. 99-150 required that construction be completed by December 10, 2004. -2- According to the Zoning Code, the Agricultural district provides for agricultural and very low density agriculturally based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. Requirements for establishing a land use in both districts, including lists of the variety of permitted uses, are shown in Section 25-5-100 to 108 (CN District) and Section 25-5-70 to 77 (A District) of the Zoning Code. (Planning Department Exhibit 4 – Zoning Code Requirements for CN District and Planning Department Exhibit 5 – Zoning Code Requirements for A District) 2. Reason for Request: The subject property was rezoned in 1999, with the objective of developing a village commercial complex. The proposed development was anticipated to include a gas station, food mart, restaurants, a neighborhood bank, and commercial and office spaces intended to serve the needs of the immediate neighborhood and, potentially, a wider clientele. However, the proposed development was never completed, and the property was returned to the current landowner with no improvements constructed. By letter dated May 26, 2026, the landowner stated that the property is currently being used for grazing and pasturing horses and that they wish to pursue long-term agricultural use of the property. 3. Landowners: Komo Brothers LLP STATE AND COUNTY PLANS 4. State Land Use District: Urban. 5. General Plan Land Use Map Designation: Medium Density Urban, which allows for village and neighborhood commercial, light service industrial, and single-family and multiple-family residential and related functions including Transit Oriented Development (TOD) or Traditional Neighborhood Development (TND). Compatible zoning may include CV, CN, PD, RM, RD, RS. 6. County Zoning: Neighborhood Commercial-20,000 square feet (CN-20). 7. Community Development Plan: The Kona CDP, originally adopted by the Hawai‘i County Council on September 25, 2008, and most recently amended on -3- September 18, 2019, identifies the property as located within the Kona Urban Area. Additionally, the subject property is located within the Kailua Village Redevelopment Regional Transient-oriented Development Center, which is intended to accommodate mixed-use development and higher-density residential, retail, commercial, employment, and regional “one-of-a-kind” facilities, including major civic, medical, educational, and entertainment uses. Development within the Regional Center Urban Core should generally be designed around a commercial center and should encourage pedestrian activity and connectivity. 8. Kailua-Kona Master Plan: Also known as the Kailua Village Master Plan, this plan was completed in 1994 and was intended to supersede the 1976 Kailua Village Design Plan. The Master Plan serves to guide the Kailua Village Design Commission and the County of Hawai‘i in the review and regulation of development within the Kailua Village Special District. It also provides policy guidance for private-sector investment, future development, and revitalization efforts within the Kailua-Kona area. The Land Use Master Plan Map designates the subject property as Low Density Residential. According to the Master Plan, this designation accommodates single-family detached dwellings, duplexes, and single-family attached (townhome) developments. The Plan further states that the Low-Density Residential designation is primarily intended for areas located mauka of the Great Wall of Kuakini. 9. Kailua Village Special District: The subject property lies within the boundaries of the Kailua Village Special District. 10. Special Management Area: The subject parcel is approximately 0.6 miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property is an 18.667-acre undeveloped parcel, of which approximately 7.794 acres are proposed for reversion to its original zoning designation. The parcel is generally rectangular in shape. A detention basin associated with the Keōpū-Hienaloli Drainage System is located -4- immediately adjacent to the southwest corner of the subject property. The subject property is currently vacant and contains no structures. 12. Surrounding Land Uses/Zoning: All immediately surrounding properties are zoned Agricultural 5-acre (A-5a) and are vacant, except for a church located immediately north of the rezone area, which was established by Special Permit in 1979. Properties nearby, but at a distance away are zoned Agricultural 5-acre (A- 5a), Single-Family Residential 7,500 square feet (RS-7.5), Single-Family Residential 15,000 square feet (RS-15), Residential Duplex 15,000 square feet (RD-15), Residential Duplex 3,750 square feet (RD-3.75), Multiple-Family Residential 1,000 square feet (RM-1), Multiple-Family Residential 2,500 square feet (RM-2.5), Village Commercial 7,500 square feet (CV-7.5), and General Commercial 20,000 square feet (CG-20). Existing uses in the surrounding area primarily consist of residential, commercial, agricultural, and vacant lands. 13. Flood Insurance Rate Map (FIRM): Portions of the subject property are located within Flood Zone AE, an area subject to inundation by the 1-percent-annual- chance flood, commonly referred to as the 100-year flood. Portions of the property are also located within Flood Zone AEF, a high-risk Special Flood Hazard Area representing a regulatory floodway within Zone AE, which must remain free of physical encroachment. Other portions of the subject property are located within Flood Zone A, a Special Flood Hazard Area with a 1-percent annual chance of flooding; Flood Zone XS, a moderate-risk area located between the 100-year and 500-year floodplains; and Flood Zone X, a low-risk area located outside the 500-year floodplain. 14. ALISH system: Unclassified 15. USDA Soil Survey Report: Two soil types are identified on the subject property: 1) Waiaha extremely stony silt loam (WHC): This soil consists of shallow, well-drained silt loams formed in volcanic ash. The surface layer is very dark brown, extremely stony silt loam approximately four (4) inches thick. The sublayer consists of dark brown, very stony silt loam approximately fourteen (14) inches thick. The substratum consists of pāhoehoe lava -5- bedrock. Permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. 2) Punaluu extremely rocky peat (rPYD): This soil consists of well-drained, thin organic soils over pāhoehoe lava bedrock. The surface layer is black peat approximately four (4) inches thick and is underlain by pāhoehoe lava bedrock. The soil is medium acid, and the peat is rapidly permeable, with water also moving rapidly through cracks in the underlying lava. Runoff is slow, and the erosion hazard is slight. 16. Land Study Bureau: The overall master productivity rating for agricultural uses is Class “E” or very poor. 17. Flora/Fauna Resources: The original application included a Flora Survey prepared by AECOS, Inc., dated September 1997. The survey indicated that vegetation within the project site area was generally dominated by Guinea grass, kiawe, and koa haole, with substantial overgrowth of ivy gourd vine, an introduced pest species. According to the survey, a total of thirty-one (31) plant species were inventoried within the project area. The majority of the identified species consisted of naturalized weedy species or escaped ornamentals. Only one indigenous species, Portulaca lutea, was observed, and said species was not found in common abundance. The survey further noted that Portulaca lutea was commonly found along leeward coastal areas throughout the Hawaiian Islands. No plant species listed as threatened or endangered by the U.S. Fish and Wildlife Service were observed, nor were any such species determined to be likely to occur on the subject property. The record further indicated that the subject property had historically been used extensively for grazing purposes. The Applicant’s Environmental Report did not include a professional faunal survey of the subject property. However, based on the property’s proximity to developed urban areas and the findings of a 1997 study conducted on property located approximately 1,500 feet north and mauka of the subject property, the Applicant concluded that rare or endangered faunal resources were not likely to be present on or proximate to the subject property. -6- 18. Archaeological/Cultural/Historical Resources: The Applicant’s Environmental Report included an archaeological reconnaissance survey prepared by Cultural Surveys Hawai‘i in September 1997. The survey identified four archaeological sites on the subject property, in addition to the Great Wall of Kuakini. The identified sites consisted of: a platform feature, possibly associated with burial or small habitation use; two modified bluff areas indicating possible habitation- related activity; and a wall section with stone modifications indicating probable agricultural use. All four identified sites were located on the southern portion of the property, makai and outside of the rezone area. The Great Wall of Kuakini extended along the makai boundary of the property, except where it had been interrupted by the Keōpū-Hienaloli Drainage System improvements. The wall was listed on the Hawai‘i State Register of Historic Places. Although none of the identified archaeological sites were located within the area proposed for rezoning and development, a condition of approval was included requiring the Applicant, its successors, or assigns to immediately cease work and notify the Department of Land and Natural Resources–State Historic Preservation Division (“DLNR- SHPD”) should any archaeological, historic, or cultural resources, including human skeletal remains, be encountered during the course of development. Any required mitigation measures, as recommended by the consulting archaeologist and accepted or required by DLNR-SHPD, were required to be completed prior to the continuation of any land alteration, construction, or other ground-disturbing activities within the affected area. 19. Public Access: There is no designated public access to the mountain or shoreline through the property. UTILITIES AND SERVICES 20. Access: Access to the property is from Queen Ka‘ahumanu Highway which is a State-owned roadway with two paved travel lanes and shoulders within a 160- foot-wide right-of-way. Any future development will be required to meet with any requirements of the State Department of Transportation for access to and from the highway. -7- 21. Water: The subject parcel currently has an existing water commitment of seventy-one (71) units of water. Pursuant to Rule 5 of the Department of Water Supply’s Rules and Regulations, the existing water commitment and associated deposited fees will be forfeited upon repeal of Change of Zone Ordinance No. 99-150. Should the water commitment be forfeited, future water availability for the subject parcel may be subject to change based on the Department of Water Supply’s then-prevailing conditions, capacity, and applicable requirements. 22. Wastewater: There is no County wastewater system currently servicing the subject property. If the property is developed in the future, the landowner may extend the existing 12-inch County sewer line, which terminates approximately 1,600 feet from the property at the Malulani Gardens Subdivision, extend the sewer line to the Lono Kona Subdivision, or construct a private wastewater system on the lower portion of the site. Should the Applicant propose the use of drywells on the subject property for wastewater disposal or stormwater runoff, an Underground Injection Control (“UIC”) permit shall be obtained from the State Department of Health prior to construction or use of such facilities. 23. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the subject property will require private disposal at an approved landfill. 24. Utilities and Services: Electric, cable, and telephone services are available to the property. Kona Community Hospital is located in Kealakekua. Police and fire services are located in Kealakehe and Kailua-Kona. AGENCIES’ COMMENTS 25. Department of Water Supply (Planning Department Exhibit 6 – Letter dated August 12, 2026) 26. State Department of Health (Planning Department Exhibit 7 – Memo dated August 5, 2026) AGENCIES’ – NO COMMENTS 27. State Office of Planning and Sustainable Development. -8- AGENCIES’ – NO RESPONSE 28. County Department of Public Works – Engineering Division; Police Department; Fire Department; State Department of Land and Natural Resources – Engineering Division; State Land Use Commission; State Department of Transportation. PUBLIC COMMENTS 29. As of this writing, the Planning Department has received no public comments regarding this request. COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. 155 ORDINANCE NO. 99 149 AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7 FOR THE COUNTY OF HAW All, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT HONUAULA, NORTH KONA, HAW All, COVERED BY TAX MAP KEY 7-5-03 :PORTION OF 24. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW All: SECTION I. The State Land Use Boundaries Map, H-7 for the County of Hawaii, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honuaula, Hawaii, shall be Urban: Beginning at the Northeasterly comer of this parcel of land, being on the Southwesterly side of Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" (North Meridian) being 343.96 feet South and 3,441.66 feet East and running by azimuths measured clockwise from True South: 1. 2. 3. 4. 306° 51' 72° 57' 74° 54' 70° 23' 38.5" 00" 00" 00" 726.15 41.04 110.52 207.47 Thence along Hawaii Belt Road, along a curve to the right having a radius of 4,801.07 feet, the chord azimuth and distance being: feet to a point; Thence along the middle of a stonewall, along TMK: 7-5-10:16, along the remainder of Grant 3100 for the following four ( 4) courses; feet to a point; feet to a point; feet to a point; 5.56° 30'00"111.50 feet to a point; 6.69° 40'00"166.66 feet to a point; 7.139° 32'30"418.91 feet to a point; 8.157° 19'20"252.38 feet to a point; 9.253° 52'30"27.37 feet to a point; 10.250° 25'30"190.43 feet to a point; Thence, along the middle of a stonewall, along the Hawaii Belt Road remainder remnant) Paz. 16, along L.C. Award 7713, Apana 5 for the remainder of three (3) courses; 11.257° 49'30"117.62 feet to a point; 12.254° 18'30"45.18 feet to a point; 13.249° 21'30"15.58 feet to the point of beginning and containing an area of 7.794 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declazed invalid, such invalidity shall not affect the other parts of this ordinance. 2- SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: C CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Novanber 17, 1999 Date of 1st Reading:November 17, 1999 Date of 2nd Reading: December 1, 1999 Effective Date:December 10, 1999 ktrtkcr~:Cc: Ccnan.505 APPROVED AS TO FORM AND LEGALITY CORPORATION COUNSEL DATED: 3- j~I J To Keaunou rT~i 1 aR o P 1 e~ KP I 1 A I 343.96 S I I 1 I i 3,441.66E E.NKAILUA (NORTH Q i I KALE °oMERIDIAN" ~i i I i I- c JQIitoi I NWU ~pL j AGRICULTURAL ~z TO URBAN I AREA: 7.794 ACRES I I I o MgKAMgEIAGRIC?L ~'U2.~C Y Pl. I i 4'?9nb uu2/LL.: '?R~t I I 1 I c LANgK p~ Pl.I I I I I t I PO I I 1 I MUKU i aG2/C ?L /pKAG I PL. I_ ~I I 0 I uea~ N Q AGRICJL. ?KAL P3.IN I NUAI,AI,gIGKfpU R 1 PB/N 1 J40.1 N I URBAN ALINOU SiREE7 I i NA WA R URBAN URBAN KUAKINI HIGHWAY r'T~~ AMENDMENT TO THE STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAP, H-7, FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT HONUAULA, NORTH KONA, HAWAII. PREPARED BY PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-5-03: PORTION OF 24 SEPTEMBER 27, 1999 EXHIBIT A~•ROGER A. CUINN) OFFICE OF THE COUNTY CLERK Cotmty of Hawaii xilo Hawaii ROLCCALLVOTE r;,Y S NOES ABS EX Introduced By:Bobby Jean Leithead-Todd Arak'aki X Datelntroduced: November 17, 1999 Chung X First Reading:November 17, 1999 Elari riff X'"'`' Published:N/A Jacobson X Leithead-Todd X REMARKSr Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 Second Reading: December 1, 1999 ROLL CALL VOTE To Mayor:December 6, 1999 AYES NOES ABS EX Returned:Decgnbe-r 10 1999 Arakaki X Effective:December 10, 1999 Chung X Published:Iecember 20, 1999 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 DO HEREBY CERT/FYThaI the foregoing BILL Haas adopted by the County C'ouncll published as indicated above. APPROVED AS TO FORM AND LEGALITY: t:L-fk:~C~-f~~-- DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII UNCIL CHA/RMAN Date E~51~ 1(~CLERK Approved/~f~rvcrtl this day of c t 9 9f' J~-G~v Bill No.:155 MAYOR, CO YOFHAWAI/Reference:C-505/PC-64 Ord. No.: COUNTY OF HAW,' jSTATE OF HAWAII ORDINANCE NO. SS iSO BILL NO. 156-==-----(Draft 3) AN ORDINANCE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HA WAIi COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT HONUAULA, NORTH KONA, HA WAIi, COVERED BY TAX MAP KEY 7-5-03:PORTION OF 24. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW All: SECTION I. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Honuaula, North Kona, Hawaii, shall be Neighborhood Commercial (CN-20): Beginning at the Northeasterly corner of this parcel of land, being on the Southwesterly side of Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA" (North Meridian) being 343.96 feet South and 3,441.66 feet East and running by azimuths measured clockwise from True South: I. 2. 3. 306° 51' 72° 57' 74° 54' 38.5" 00" 00" 726.15 41.04 I 10.52 Thence along Hawaii Belt Road, along a curve to the right having a radius of 4,801.07 feet, the chord azimuth and distance being: feet to a point; Thence along the middle of a stonewall, along TMK: 7-5-10:16, along the remainder of Grant 3100 for the following four (4) courses; feet to a point; feet to a point; 4.70° 23'00"207.47 feet to a point; 5.56° 30'00"111.50 feet to a point; 6.69° 40'00"166.66 feet to a point; 7.139° 32'30"418.91 feet to a point; 8.157° 19'20"252.38 feet to a point; 9.253° 52'30"27.37 feet to a point; 10.250° 25'30"190.43 feet to a point; Thence, along the middle of a stonewall, along the Hawaii Belt Road remainder remnant) Par. 16, along L.C. Award 7713, Apana 5 for the remainder of three (3) courses; 11.257° 49'30"117.62 feet to a point; 12.254° 18'30"45.18 feet to a point; 13.249° 21'30"15.58 feet to the point of beginning and containing an azea of 7.794 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A.The applicant, its successors or assigns, shall be responsible for complying with all conditions of the change of zone ordinance. B.The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety (90) days from the effective date of the change of zone ordinance. 2- C.Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to commencing construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with Chapter 25-2-70 of the Zoning Code. Plans shall identify the proposed structures, vehicular traffic, paved driveway access and parking stalls associated with the proposed use. Landscaping shall also be indicated on the plans and be provided for the purpose of mitigating any adverse noise or visual impacts to adjacent properties. D.A Traffic Impact Analysis Report (TIAR) shall be submitted to the State Department of Transportation for review and approval, prior to the issuance of Final Plan Approval. All access and roadway improvements at the extension of Queen Kaahumanu Highway, including acceleration and deceleration lanes and, unless not allowed by the State Department of Transportation, traffic signal lights shall meet with the approval of the Department of Transportation and shall be completed prior to issuance of a certificate of occupancy. E.The primary mauka-makai roadway within the proposed development shall be constructed to County dedicable standards with curbs, gutter and sidewalk improvements meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy. Upon request by the County, said roadway shall he dedicated to the County. F.Install sewer lines to connect with the Kealakehe Wastewater Treatment Plan[, meeting with the approval of the Department of Public Works, prior to the issuance of a certificate of occupancy. G.A Drainage Study shall be prepared and submitted for review and approval to the Department of Public Works. The drainage study shall be submitted to 3- Federal Emergency Management Agency (FEMA) and a letter of map revision LOMR) or a Physical Map Revision (PMR) shall be issued prior to construction, if required. H.An Underground Injection Control (UIC) permit, if required, shall be secured from the State Department of Health for the construction of dry wells. I.A Solid Waste Management Plan for the proposed development within the subject property shall be prepared and submitted for approval to the Department of Public Works prior to securing Final Subdivision Approval or Final Plan Approval, whichever occurs first. A copy of the approved plan shall be submitted to the Planning Department for its files. J.A landscaping plan which incorporates the predominant use of endemic Hawaiian plants wherever possible shall be submitted for the review and approval of the Planning Director in conjunction with the Plan Approval process. Said plan shall be developed using the guidelines of the Kailua Village Master Plan and with the input of adjoining and affected property owners to the north and south of the subject area. There shall be a minimum 6-foot wide landscaping buffer in the area adjoining the northwest and southeast private property lines, and minimum 20-foot wide landscaping buffers along each of the makai/southwestern and mauka/northeastern boundaries of the rezoned area. K.Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or assessments of impacts fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. L.An archaeological inventory survey, which shall include considerations for the 4- protection and/or preservation of ahupuaa walls, shall be submitted to the Planning Director for its review and approval prior to any land alteration activities, upon consultation with the State Department of Land and Natural Resources, Historic Preservation Division. M.Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. N.Comply with all other applicable laws, rules, regulations and requirements of the affected government agencies for the proposed development. O.An initial extension of time for the performance of conditions within the ordinance may be granted by the 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 [he 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. 3.Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 5- 4.The time extension 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. P.Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the subject area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Ncvanber 17, 1999 Date of 1st Reading:Novanber 17, 1999 Date of 2nd Reading: December 1, 1999 Effective Date:December 10, 1999 APPROVED AS TO FORM AND LEGALITY c.~~..,. K - ~~~f~~~1-~_- CORPORATION COUNSEL DATED: 6- I A-S• TO KecWO~ f I H~GHW PY MPH 2 YM N~r p,P 343.96 5 i A s,O(I 3,441.66 E IWLUA (NORTH Qv I I l 4/ r- MERIDIAN A i i 11A pL aQ' i ti 5A i i i- ~A s. I JQ l~ i „ r a AGRICULTURAL (A-Sa)4u i' TO NEIGH80RHOOD COMMERCIAL (CN-20)I 1 I LNG l Rv AREA: ),794 ACRES /I I r r I I 1,,,-~M I RA~ i x PL I I A 4a l 1 I r~ I L o 4KW A-5• I A-5i Ir ~ ~PL 7 I MUKU A-s. 1 A I YM A-'• ro s e r•~,HUALA{vy A-3•fM -1.3 M -I I ~fo_ s tM -l 43 -lO I M A-/• O. fM /CV -Y 1 l fM •T re-a fa CV-~ M M fu CV -f.f CV -1.i V LTs KUAKINI HIGHWAY T1 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE S, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, 8Y CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-5a) TO NEIGH80RHOOD COMMERCIAL (CN-20) AT HONUAUTA, NORTH KONA, HAWAII. PREPARED 8Y PLANNING DEPARTMENT COUNTY OF HAWAII TMK 7-5-03: PORTION OF 24 SEPTEMBER 27, 1999 EXHIBIT A"011M"~ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii DRAFT j ROLL CAtL VOTE S ES ABS EX Introduced By:Bobby Jean Leithead-Todd Arakaki X Date Introduced: November 17, 1999 Chung X First Reading:November 17, 1999 Elarionoff`'"X' Published:N/A Jacobson X Leithead-Todd X REMARKS:Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 Second Reading: December 1, 1999 ROLL CALL VOTE To Mayor:i)P 1-~r 6, 1999 AYES NOES ABS EX Returned:Decanher 10, 1999 Arakaki X Effective:December 10, 1999 Chung X Published:December 20. 1999 Elarionoff X Jacobson X REMARKS:Leithead-Todd X Pisicchio X Smith X Tyler X Yagong X 8 1 0 0 C DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: z ~ L`~d~L~ DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII AIRMAN rl' t 1999Date C TY CLERK Approved/Bisap~,uutd this day D BiIINo.:156 Draft 3)MAY~~IVIY(JFHAWA//Reference:C-505.00 PC-64 Ord. No.: 4 ZONING §25-5-98(c)Plan approval shall be required for all new structures and additions to existingstructures in the V district, except for construction of one single-family dwellingand any accessory buildings per lot.(d)Exceptions to the regulations for the V district regarding heights, building siteareas, building site average widths and yards, may be approved by the commissionwithin a planned unit development.(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 9; am 2015, ord 15-33, sec 4.) Division 10. CN, Neighborhood Commercial Districts. Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-102. Permitted uses. (a)The following uses shall be permitted in the CN district:(1)Adult day care homes.(2)Amusement and recreation facilities, indoor.(3)Apiaries.(4)Automobile service stations.(5)Bed and breakfast establishments, as permitted under section 25-4-7.(6)Boarding facilities, rooming, or lodging houses, provided that the maximumdensity shall be one thousand two hundred fifty square feet of land area perrentable unit or dwelling unit.(7)Business services.(8)Cemeteries and mausoleums, as permitted under chapter 6, article 1 of thisCode.(9)Convenience stores.(10)Crematoriums, funeral homes, funeral services, and mortuaries.(11)Crop production.(12)Day care centers.(13)Dwellings, double-family or duplex, provided that the maximum density shallbe one thousand two hundred fifty square feet of land area per rentable unit ordwelling unit.25-101 ZONING §25-5-67(e)Exceptions to the regulations for the FA district regarding heights, building siteareas, building site average widths and yards, may be approved by the commissionwithin a planned unit development.(f)Plan approval shall be required prior to the construction or installation of any newstructure or development, or of any addition to an existing structure ordevelopment which is used for minor agricultural products processing.(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4; am 2024, ord 24-70, sec 8.)Division 7. A, Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. Each A (agricultural) district shall be designated on the zoning map by the symbol "N' followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-l0a means an agricultural district with a minimum building site area of ten acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-72. Permitted uses. (a)The following uses shall be permitted in the A district:(1)Agricultural parks.(2)Agricultural products processing, major and minor.(3)Agricultural tourism as permitted under section 25-4-15.(4)Animal hospitals.(5)Apiaries.(6)Aquaculture.(7)Botanical gardens, nurseries and greenhouses, seed farms, plant experimentalstations, arboretums, floriculture, and similar uses dealing with the growing ofplants.(8)Campgrounds, parks, playgrounds, tennis courts, swimming pools, and othersimilar open area recreational facilities, where none of the recreationalfeatures are entirely enclosed in a building.(9)Cemeteries and mausoleums, as permitted under chapter 6, article 1 of thisCode.(10)Crop production.(11)Dwelling, single-family, as permitted under chapter 205, Hawai'i RevisedStatutes and as permitted under section 25-5-77(b).(12)Farm dwellings, as permitted under section 25-5-77(b) and (c).25-91 TO: FROM: SUBJECT: DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAl'I 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAl'l 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 Mr. Jeffrey Darrow, Director Planning Department August 12, 2026 Keith K. Okamoto, Manager-Chief Engineer PL-INT-2026-013100 to Repeal Change of Zone Ordinance No. 99-150 (REZ-99-000019) Applicant: Komo Brothers LLP REC'D HAND DELIVERED COH PLANNING DEPT AUG 12 2026 Pt-13:07 Request: Revert Zoning for a Total of 7.794 Acre Portion of an 18.69 Acre Parcel from Neighborhood Commercial 20,000 Square Feet (CN-20) to Agricultural 5 Acres (A-Sa) Tax Map Key (3) 7-5-003:024 We have reviewed the subject application and have the following comments. Please be informed that the subject parcel has an existing water commitment of 71 units of water. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, the water commitment will be forfeit with the repeal of Change of Zone Ordinance No. 99-150. The total water commitment deposit to date of $191,700.00 will be forfeited. If forfeited, water availability may be subject to change, depending on prevailing conditions. Should there be any questions, please contact Mr. Michael Mori of our Water Resources and Planning Branch at (808)961-8070, extension 257. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief Engineer MM:dfg copy-Mr.BrianT.Komo (w/copy of Rule 5 of the Rules and Regulations) Lahaina Petroleum LLC . . . Water, Our :Most <Precious CJ(gsource ... 1(,a Wai )l 1(,iine ... The Department of Water Supply is an Equal Opportunity provider and employer. JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AINA OKA MOKU'AINA O HAWAl'I MEMORANDUM DATE: August 5, 2026 STATE OF HAWAII DEPARTMENT OF HEAL TH P.O. BOX916 HILO, HAWAII 96721-0916 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: PL-INT-2026-013100 to Repeal Change of Zone Ordinance No. 99-150 (REZ-99-000019) Applicant: Komo Brothers LLC KENNETH S. FINK, M.D, MGA, MPH DIRECTOR OF HEAL TH KA LUNA HO'OKELE Request: Revert Zoning for a Total of7.794 Acre-Portion of an 18.69-Acre Parcel from Neighborhood Commercial-20,000 Square Feet (CN- 20)to Agricultural-5 Acres (A-5a) TMK: 7-5-003:024 (por.), Kailua-Kona, North Kona, Hawai'i In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch