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Home My WebLink AboutPD Recommendation (Amend REZ-99-000019) -1- RKomoLLP_RepealREZ COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION KOMO BROTHERS LLP REPEAL CHANGE OF ZONE ORDINANCE NO. 99-150 (AMEND REZ 99-000019) The Planning Director recommends that the Planning Commission forward a favorable recommendation to the Hawaiʻi County Council on the request to repeal Ordinance No. 99-150, which will revert the current zoning from Neighborhood Commercial-20,000 square feet (CN-20) to its original Agricultural-5-acre (A-5a) zoning district for an approximately 7.794-acre portion of a 18.667-acre parcel of land. The proposed reversion to the original A-5a zoning would not be entirely consistent with the General Plan’s Land Use Map’s Medium Density Urban designation, 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). However, given that other properties immediately adjacent to the subject property have not converted to urban uses, the Planning Director believes that the reversion will be consistent with existing surrounding zoning designations and land use patterns. The subject parcel was rezoned in 1999, prior to adoption of the Kona Community Development Plan (CDP). The Kona CDP identifies the property as located within the Urban Area and partially within a preliminary TOD area, but for the reasons mentioned above, the Planning Director is supportive of the requested reversion. 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 Single-Family Residential-7,500 square feet (RS-7.5), Single-Family Residential- 15,000 square feet (RS-15), Double-Family Residential-15,000 square feet (RD-15), Double-Family Residential-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 -2- 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. Given the preceding, reverting the subject property to the A-5a zoning district will be consistent with immediately surrounding land uses and zoning. Access to the property is from Queen Ka‘ahumanu Highway which has a one- hundred and sixty (160) foot right-of-way. Regarding water supply, 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 (DWS) 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. Regarding wastewater, there is no County wastewater system serving the subject property. For future development, the landowner may extend the existing 12-inch County sewer line, located approximately 1,600 feet from the property, or construct a private wastewater system. Any proposed drywells for wastewater or stormwater disposal shall require approval from the State Department of Health (DOH). Given the preceding and noting that the landowner will need to meet the requirements of DWS and Department of Environmental Management to provide water and sewage disposal services for any future development, infrastructure in the area is adequate to support the A-5a zoning district. The subject parcel is not situated within the Special Management Area and there are no known protected or endangered floral or faunal resources found on the subject parcel. Historic sites on the property include four sites, 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 and the Great Wall of Kuakini are located on the southern portion of the property, makai and outside of the rezone area. Based on the above and that future grading permits will be subject to review and approval by State Historic -3- Preservation Division, the Planning Director believes the reversion will not adversely affect historic resources on the subject property. Lastly, although the recommendation to repeal Ordinance No. 99-150 will extinguish any conditions related to the CN-20 zoning, it is made with the understanding that the landowner remains responsible for developing the parcel in compliance with all other applicable governmental requirements in connection with the Agricultural-5-acre (A-5a) zoning district prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with County Streets, Water, Sewer and Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among others. Based on the preceding, a favorable recommendation for the repeal of Ordinance No. 99-150 which will revert the zoning district from Neighborhood Commercial-20,000 square feet (CN-20) to Agricultural-5 acre (A-5a), would result in an appropriate land use pattern and would be in the best interest of the general public. The accompanying draft bill to amend Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code, is provided for your favorable consideration. Please note as this draft ordinance repeals Ordinance No. 99- 150 and reverts the subject property back to its original A-5a zoning district, there are no proposed conditions attached to this draft bill. COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 99-150, WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – FIVE ACRES (A-5a) TO NEIGHBORHOOD COMMERCIAL – 20,000 SQUARE FEET (CN-20)AT HONUAULA, NORTH KONA, HAWAI‘I, COVERED BY A PORTION OF TAXMAP KEY NO. 7-5-003:024. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Ordinance No. 99-150 is hereby repealed. SECTION 2. Chapter 25, Article 8, Section 25-8-3 of the Hawai‘i County Code 1983 (2016 Edition, as amended) is amended by reverting the district classification of the land situated at Honuaula, North Kona, Hawai‘i, as more particularly depicted on “Exhibit A” and described in “Exhibit B”, both of which are attached hereto and made a part hereof, from Neighborhood Commercial – 20,000 square feet (CN-20) to the original district classification of Agricultural – 5 acres (A-5a). 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. (Planning Department) - 2 - SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: _______________________________________ HEATHER KIMBALL Council Member BY REQUEST OF THE: Planning Director _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: A-5a AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION FROM NEIGHBORHOOD COMMERCIAL - 20,000 SQUARE FEET (CN-20) TO AGRICULTURAL - 5 ACRES (A-5a) AT HONUAʻULA, NORTH KONA, HAWAI'I TMK: (3) 7-5-003:024 (Portion)DATE: August 10, 2026 Komo LLP MAP PREPARED BY: COUNTY OF HAWAIʻI, PLANNING DEPARTMENT EXHIBIT "A" 343.96' S 3,441.66' E "KAILUA" ¹ NEIGHBORHOOD COMMERCIAL - 20,000 SQ. FT. (CN-20) TO AGRICULTURAL - 5 ACRES (A-5a) REZONE AREA: 7.794 ACRES 0 0.50.25 Mile A-5a A-5a A-5a RS-7.5 CG-20 CG-20 CG-20 RD-3.75 RM-1 RM-1 RD-3.75 CV-7.5 V-1.25 RM-2.5 A-1aV -.75 RM-4 RM-4 CN-20 RS-15 RS-15 A-5a RS-20 OPEN RS-10 RM-2.5 A-5a QUEEN KAʻAHUMANU HIGHWAY N A N I K A I LUA DRI VE HUALA L A I ROAD ALOHA KONA DRIVE K U A K I N I H I G H W A Y EXHIBIT A EXHIBIT B