COM 0408.000 2008-2010 - Laserfiche WebLink

Home

The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 Condition D currently reads as follows: "Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five (5) years from the effective date of the Change of Zone ordinance." Ordinance No. 98-08 rezoned approximately 5.055 acres from A-5a to RA-0.5. The original applicant intended on subdividing the property into five 1/2-acre rural/residential lots and one approximately 2-acre lot for use as a church. On February 15, 2002, Tentative Subdivision Approval granted for the 6-lot subdivision; however, on February 2, 2006, the subdivision was withdrawn at the request of the original applicant. According to the applicant, as a result of discussions between the County, the Church and the original applicant concerning the funding of required Palani Road safety improvements, the original applicant agreed to withdraw the 6-lot subdivision and dedicate all of the property to non-profit organization uses, including Grace Community Church and Kona Christian Academy (KCA). Additional delays occurred due to protracted lease negotiations between neighboring KCA, which leases a portion of the adjacent property (TMK 7-4-006:037) from the Church of Christ. This has delayed filing of a subsequent subdivision map for the property. Based on the status of negotiations, the applicant believes submittal and approval of the desired subdivision map can be completed within 5 years. 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. Currently, the original applicant's intention is to dedicate a portion of the property to Kona Christian Academy so that they can expand their school facilities in conjunction with existing facilities on the adjacent property owned by Church of Christ. However, unforeseen delays due to lease negotiations between KCA and Church of Christ have delayed the applicant's dedication and subdivision plans. These delays are beyond the control of the applicant, and are not the result of negligence as the applicant has expended much time and effort to comply with the conditions of the ordinance. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The subject property was rezoned from an A-5a to RA-0.5a to allow the subdivision of the property. The General Plan LUPAG Map designation for the property (Urban Expansion) has not changed since the original rezone request. Therefore, the request would not be contrary to the General Plan.