COM 0856.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 • May 10, 2002: date of approval of Ordinance No. 02 64. Condition D states, "Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this ordinance." • March 19, 2004: date of tentative subdivision approval (SUB 2004-37). • February 3, 2010: date of administrative time extension until May 10, 2012 to comply with Condition D. Ordinance No. 02 64 rezoned approximately 3.129 acres from an Agricultural (A-5a) to a Single Family Residential (RS-20) district to allow the 5-lot subdivision of the property. Although the applicant has secured tentative subdivision approval, Condition D of the ordinance required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance. Tentative subdivision approval was secured on March 19, 2004 and an administrative time extension was secured until May 10, 2012 to comply with Condition D. The applicant could not comply with the condition by May 10, 2012, and seeks a five- year non-administrative extension of time. 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. The applicant has made a good faith effort in complying with conditions of Ordinance No. 02 64. However, Final Subdivision Approval needs to be secured for the completion of the project. The Department of Public Works and Department of Health had no concerns regarding the request. The Department of Water Supply has stated that the current water commitment has expired and a water commitment deposit must be remitted to extend the commitment to January 31, 2013. The applicant will be required to comply with all of the stated conditions of approval. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from A-5a to RS-20 in 2002. The General Plan designates the area as Low Density Urban, reflecting the approved zoning. Therefore, the request would not be contrary to the General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are "D" or"Poor" and "E", or"Very Poor."