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BHussey-REZ655 jwd-11-01-12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ELWIN F. HUSSEY CHANGE OF ZONE ORDINANCE NO. 07-106 (REZ 655) AMENDMENT TO CONDITION C (SECURE FINAL SUBDIVISION APPROVAL) ELWIN F. HUSSEY has submitted a request for an amendment to Condition C (time extension to secure final subdivision approval) of Change of Zone Ordinance No. 07-106, which amended Change of Zone Ordinance 02-21,which amended Change of Zone Ordinance 98-87, which amended Change of Zone Ordinance 90-008, which rezoned 28.832 acres of land from an Agricultural 20-acre(A-20a)to an Agricultural 3-acre (A-3a) zoned district. The property is located along the southeast side of Ala Kahua Drive, approximately % mile mauka of the Ala Kahua Drive—Akoni Pule Highway intersection, Kohala Estates Subdivision, Kahua, North Kohala, Hawaii, TMK: 5-9-007:007. APPLICANT'S REQUEST 1. Request: The applicant is in the process of developing an 8-lot subdivision. The applicant has submitted a request for a 5-year time extension to comply with Condition C of Change of Zone Ordinance No. 07-106 (REZ 655), which states: "Final subdivision approval shall be secured within five(5) years from the effective date of this amended ordinance. Minimum lot sizes shall be determined by calculating the total area within the proposed lot lines exclusive of easements for access and drainage purposes and future road widening setback areas." Final Subdivision Approval should have been secured by August 14, 2012. (Planning Department Exhibit 1 —Amendment Request dated August 14,2012) 2. Reasons for Request: The applicant has submitted the following reasons for the time extension request: • Due to the economy, the feasibility of the project is low. Such a long sustained recession could not have been foreseen by the Keanahalululu family partnership. An extension of time to complete the subdivision improvements is not contrary to the County's General Plan or the Zoning Code, or to the original reasons for granting a Change of Zone. -1- Attachment to: Comm. 68 Bill 22