COM 0447.000 2014-2016 - Laserfiche WebLink

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Mr.Duane Kanuha,Director May 29, 2015 Page 6 J. Should the applicant require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and the Hawaii County Council for appropriate action. Pursuant to this condition,the Applicant is requesting retroactive approval plus the additional five (5)years from the effective date of this proposed amendment to secure final subdivision approval. K. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. As noted earlier,the Applicant recently acquired the subject Site and is earnestly attempting to address all relevant conditions in a timely fashion. The Applicant believes that while the project has not been completed, much work—including having approved construction plans—has been done. V. RESTATEMENT OF REQUEST Condition B required receipt of Final Subdivision Approval by May 19, 2013. This condition for reasons outlined above and to be amplified below,has not been met. In light of the above,the new owner/Applicant—GloryNani Mau, LLC - is requesting a time extension,retroactive to the initial deadline plus the additional five(5)years from the effective date of this amendment for securing final subdivision approval. Additionally,there may be non-substantive amendments that the Director may wish to initiate such as changing the zoning category from A-1 a to FA-la or adding the word Windward before Planning Commission in Condition J. In that event,the Applicant would have no objections to any of those editorial types of amendments. IV. JUSTIFICATION OF REQUESTS Although Condition J relating to time extension no longer contained the three(3) criteria normally used to justify such extensions, they serve as a good foundation to evaluate such requests. As such,these criteria and their justification for the extension request follow. A. 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 that are not of their fault or negligence.