COM 1539.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 2 The applicant also requests an amendment to Condition E, which currently allows only one access to the proposed subdivision. Condition E currently reads: "Only one access shall be allowed to the proposed subdivision from Ala Kahua Drive. Such access shall meet with the approval of the Department of Public Works." According to the applicant, the original concept was to develop the property in conjunction with the adjoining property owner on TMK: 5-9-7: 004. However, the plans were subsequently abandoned. The project timeline since the original ordinance was approved in 1996 is as follows: • April 26, 1996 -Tentative Subdivision Approval granted for an 8-lot subdivision. • January 8, 1997 -Final Subdivision maps submitted to the Planning Department. • Apri122, 1999 -Planning Department grants a 2-year time extension until April 25, 2001 to satisfy conditions of the Tentative Subdivision Approval. • March 7, 2001 -Applicant requests additional time extension from the Planning Department to comply with the conditions of Tentative Subdivision Approval. The applicant received no response from the Planning Department. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. In 2005, there was a change in management, and the relocation of the access improvements from the makai to the mauka side was examined. At that time, the new management was not aware ofnon-compliance with Condition C of Ordinance No. 95 119. The proposed relocation was possible in that one of the partners had an interest in the adjacent road lot identified as TMK: 5-9-007: 002. In addition, discussions commenced with the mauka property owners regarding connection to the proposed underground electrical utility system. The applicant retained a surveyor to review the requirements to construct the subdivision improvements within TMK: 5-9- 007: 002. The applicant then discovered that while the conditions within the Subdivision Code were satisfied with the granting of the time extension [o comply with the conditions of Tentative Approval, Condition C was not satisfied, as Final Subdivision Approval had to be secured by April 25, 1999. The applicant now proposes to revise its subdivision layout to provide road, water and electrical improvements within the adjacent road lot (TMK: 5-9-7: 002). The landowner of Parcel 2 has agreed to utilize the 3.467-acre lot for access purposes.