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Bkapho0l. skg-2/ 18/97 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KAPOHO PROPERTIES CHANGE OF ZONE ORDINANCE NO. 92-123 (REZ 728) AMENDMENT TO CONDITION B (SECURE FINAL SUBDIVISION APPROVAL) KAPOHO PROPERTIES have submitted a request for amendment to Condition B (Secure Final Subdivision Approval) of Change of Zone Ordinance No. 92-123, which changed the district classification for approximately 45.945 acres of land from Agricultural- 20 acres (A-20a) to Agricultural -1 acre (A-la). The property is located at the Northwestern comer of the Hawaii Belt Road-Huina Road intersection, Olaa Reservation Lots, Olaa, Puna, Hawaii, TMK: 1-7-17:3. BACKGROUND INFORMATION 1. Change of Zone Ordinance No. 92-123: The County Council approved the request for rezoning TMK: 1-7-17:3 from A-20a to A-la, effective November 5, 1992. The applicant proposes to subdivide the property into 40 lots having a minimum lot size of one acre. (See Exhibit A) 2. Subdivision Application No. 93-7: Subsequent to the change of zone approval, on December 29, 1992, the applicant submitted subdivision plans for the 40-lot "Kurtistown Heights Subdivision". Tentative Subdivision Approval was secured on February 10, 1993. Final Plat Maps were submitted on February 9, 1994. 3. Administrative Extension of Time to Condition B: By letter dated January 5, 1995, the applicants requested an administrative extension of time to comply with Condition B, secure Final Subdivision Approval. According to Change of Zone Ordinance No. 92-123, Final Subdivision Approval should have been secured within two years of receipt of Tentative Subdivision Approval or February 10, 1995. Reasons for the extension request were due to the present economic cycle in slowing the final stages of the project. The applicant stated that lenders require that financing and bonding of the project occur upon satisfaction of preliminary sales quotas. Additional time was needed to meet this requirement. By letter dated January 31, 1995, the Planning Director granted a one year extension of time until Att. C-217 (Bill 65)