PD BACKGROUND REPORT (PL-REZ-2022-017)

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BNakoaREZ.10.17.2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT SHAWN MAILE NAKOA, ESQ. CHANGE OF ZONE APPLICATION (PL-REZ-2022-000017) SHAWN MAILE NAKOA, ESQ. has submitted an application for a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA -la) zoning district for 5.29 acres of land. The subject property is located at 77-6632 A Kuakini Highway, approximately 0.25 miles northwest of its intersection with Kamehameha III Road, Pahoehoe lst- Kapalaalaea 2nd (Beach Sec.), North Kona, Hawaii, TMK: (3) 7-7-008:062. PROPOSED ACTION 1. Applicant's Request: The applicant is requesting a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA -la) zoning district for 5.29 acres of land. The FA -la zoning district with a minimum lot size of one acre, would allow a maximum density of five lots. The Family Agricultural zoning district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. Requirements for establishing a land use in the FA district, including a list of the variety of permitted uses, are shown in Section 25-5-60 to 62 of the Zoning Code. (Planning Department Exhibit 1 - Zoning Code Requirements for Family Agricultural Districts) 2. Objectives of the Requests: The applicant is a Court -Appointed Partition Commissioner, who has been vested and authorized by the Third Circuit Court to subdivide the subject property in to three lots consisting of a minimum of one acre each, as required by the Stipulated Order Adopting Commissioner's Report 91, filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision was filed on December 28, 2021 (see Exhibit A of the application). The parties to the Order are the landowners of the subject property. The Order concluded that, "Given the parties long-standing connection to the property and their desire to retain interests in the property, it is just and equitable to order that the Property be subdivided -1-