COM 0103.000 2012-2014 - Laserfiche WebLink

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J Yoshimoto, Council Chair and Members of the County Council Page 2 On April 7, 1997, the Hawai`i County Council approved Change of Zone Ordinance No. 97-56, which rezoned approximately 10.283 acres of land from an Agricultural (A-5a) to a Single Family Residential (RS-10) district. The applicant submitted a 5-year time extension to comply with Condition D, which was approved by Change of Zone Ordinance No. 07-160. The applicant has submitted a request for an additional 5-year time extension to comply with Condition D of Zone Ordinance No. 07-160 (REZ 854), which states: "D. Final Subdivision Approval of the proposed residential subdivision within the subject property shall be secured from the Planning Director within five(5) years from the effective date of this ordinance." The applicant also requested a 5-year time extension to comply with Condition J (fair share requirements), but this condition does not have a time requirement and, as of this date, the applicant is in compliance with the requirements of Condition J. The applicant is in the process of subdividing and developing a total of thirty one (31)residential lots. Increment 1 has been completed, which consists of twenty(20) lots. The deadline to secure Final Subdivision Approval for Increment II under Change of Zone Ordinance No. 07-160 was October 19, 2012. The reason for the time extension request is based on the current serious economic slump. The applicant felt it was unfeasible and not prudent to move forward with the project at this time considering current construction costs. The applicant is in compliance with a number of conditions required under Change of Zone Ordinance No. 07-160. Increment I has been completed and the applicant has secured 10 additional units of water to allow the subdivision of Increment II. Additionally, the applicant has constructed the required Holoholo Street extension to Nana Street and has dedicated the road to the County in compliance with Condition F. Lastly,the applicant has agreed to offer for sale three(3) single-family finished lots affordable to families earning up to 140% of the median family income for the County of Hawaii to comply with Condition K (affordable housing requirements) of Change of Zone Ordinance No. 07-160. The three(3) lots have not yet been designated. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result or their fault or negligence. To date, the applicant has expended considerable funds for the second increment of the project in preparing the roadway and lot pads. The applicant has obtained the required water commitments from the