COM 0331.000 2020-2022 - Laserfiche WebLink

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i Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 The applicant, (formerly Puluwai, LLC), is requesting a seven(7)-year time extension to comply with Condition C (time to secure final subdivision approval) which states "Final Subdivision Approval of the proposed subdivision development shall be secured within seven (7)years from the effective date of this amendment." Additionally,the applicant is requesting a seven (7)year time extension to comply with Condition K(deadline for fair share payment) the relevant portion of which states "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may, be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval." The deadline to comply with these conditions was October 9, 2020, pursuant to Ordinance No. 13 98 which amended Ordinance No. 05 110 which amended Ordinance No. 92-7, which changed the district classification from Agricultural 3-acres (A-3a) to Single-Family Residential 10,000 square feet (RS-10) to allow the subdivision of the property into twenty- one approximately 10,000-square foot lots. The amendment request 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. According to the applicant, the subject property was purchased as a partnership in 2008. With the downturn of the economy, one of the partners was unable to continue and withdrew from the partnership. The applicant bought out that portion of the property. In 2012, the other partner was forced to withdraw from the partnership. Again, the applicant bought out the other portion of the property. With the partnership dissolved, the subject parcel was put solely in the Correa Trust. After resolving the partnership issues and granted a time extension, the applicant began making improvements to the property. However, according to the applicant, they had already started other projects with time requirements mandated by financial institutions involved in funding those projects, making it difficult to continue progress on conditions for the subject proposal. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C and Condition K. Based on the reasons provided, it is determined that the applicant could not have foreseen the poor economy and partnership pressures, which was beyond their control, and was not the result of their fault or negligence. Approval of this time extension request would not be contrary to the General Plan, the Zoning Code, or the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The request continues to be consistent with the General Plan Land Use Pattens Allocation Guide (LUPAG) Map, which designate this area as Low Density Urban. These areas include residential, with ancillary