COM 0829.000 2020-2022 - Laserfiche WebLink

Home

Maile David, Council Chair and Members of the County Council County of Hawaii May 6,2022 Page 2 The applicant is requesting a five (5)-year time extension to Condition D (Final Subdivision Approval), and amendment of Condition E (Restrictive Covenants) and Condition F (Restrictive Covenants) to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, and deletion of Condition J (Improvements to Kaloko Drive/Mdmalahoa Highway Intersection) of Ordinance No. 06 82, which reclassified 21.992 acres of land from Agricultural 20-acres (A-20a) to Family Agricultural 3-acre (FA-3a) zoned district. The applicant is requesting the following amendments to Change of Zone Ordinance No 06 82: ■ A five(5)-year time extension to Condition D (Final Subdivision Approval) ■ Amendment of Condition E(Restrictive Covenants) ■ Deletion of Condition J (Improvements to Kaloko Dn've/M5malahoa Highway Intersection) Please note that the applicant originally requested an amendment to Condition F to remove the requirement to record approved covenants prior to Final Subdivision Approval. Staff noted that after reviewing the existing condition, that the request is already noted in the existing language. Based on the preceding, the applicant submitted a request to withdraw the amendment request to Condition F via letter dated April 2, 2022 to the Planning Department. The non-performance on timed conditions 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 their fault or negligence. The previous landowner,Nimble Inc. sought and was granted a change of zone in 2006 and began working on compliance with conditions of approval towards the development of a seven (7) lot subdivision. In 2010, the current landowner secured a partial interest in the property and shortly after the property was involved in an extensive litigation with the former owners of the property. Despite the landowner's efforts at the time, the landowners were unable to obtain Final Subdivision approval by June 2011 and did not seek an administrative time extension from the Planning Department. In 2011 the Planning Department deemed the subdivision application null and void. The current landowner resolved the land title issues in 2015 and due to unforeseen circumstances with business and a weak real estate market at the time, the landowner elected to defer completing conditions of approval until 2020. In 2021 the current landowner along with a new surveyor and engineer for the project submitted a subdivision application for the subject property and made efforts to complete water commitment requirements where they learned that the time to complete final subdivision had lapsed. To recitfy this oversight the landowner is requesting a five (5) year time extension to complete the subdivision. In addition, the landowner is requesting