COM 0218.000 2020-2022 - Laserfiche WebLink

Home

Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 Ordinance, therefore the deadline to comply with this condition and complete the proposed subdivision would have been December 8, 2009. Based on the preceding, the applicants are now requesting .a 5-year time extension to complete the proposed subdivision. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of theirfault or negligence. The previous landowner, Lillian Mahi received approval for a State Land Use Boundary Amendment and Change of Zone for the subject parcel in 2004. At the time the applicant proposed to subdivide the subject parcel into three (3) lots at least 20,000 square feet in size. Despite initiating the subdivision process in 2005, Ms. Mahi was unable to complete the requirements of tentative subdivision approval by the time she passed away in 2008. Ms. Mahi's children were similarly unable to complete the project and subsequently sold the property. The current applicants purchased the property in 2016 and have been diligently working toward complying with conditions of the change of zone ordinance and tentative subdivision approval. During this process, the applicants were made aware that they were out of compliance with timed conditions of approval. To rectify this oversight, the applicants are requesting a five (5)year time extension to complete the subdivision. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting Change of Zone Ordinance No. 04 149 have not changed. The current landowner intends to develop the property in the same manner as in 2004 when the original zoning was granted, by creating a 3-lot subdivision consistent with the RS-20 zoning district. The site is served by appropriate infrastructure such as water, wastewater, roadway access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Since the subject parcel was rezoned, the Kona Community Development Plan (KCDP) was adopted in 2008. The KCDP designates the property to be within the "Kona Urban Area" and the current zoning (RS-20) continues to be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Low. Density Urban designation, which allows for a "residential, with ancillary community and public uses, neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre."