COM 0447.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 2 This condition required that Final Subdivision Approval be secured by May 20, 2013. The applicant is requesting a 5-year time extension from the date of approval of this proposed amendment to secure Final Subdivision Approval. The applicant acquired the subject property in May 2012. Since that time the applicant's principal focus has been on restoring the Nani Mau Gardens operation, with the goal of eventually developing the 25-lot subdivision adjacent to it. The applicant has continued to look for ways to improve the subdivision layout in a way that enhances rather than detracts from the operation of the Nani Mau Gardens and has recently submitted a revised subdivision plan to the Planning Department. Additionally, the applicant has been able to secure the required financing to complete the proposed 25-lot subdivision and wishes to proceed with the project. 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 the result or their fault or negligence. The previous landowner and applicant have taken reasonable steps toward completing subdivision of the subject property such as submitting preliminary and revised subdivision plans and construction plans; however the project has not proceeded due to the economic recession that started in 2008. The applicant submitted a revised preliminary plat map in May 2015. Thus, the applicant has consistently been working towards compliance with the conditions of the change of zone and non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. There have not been any significant changes to the General Plan for this area since this request was originally approved that would affect this project. The property is zoned A-la, a designation which is no longer in existence since the zoning code update in 1997. The 1997 update set a minimum lot size of 5 acres for the Agricultural (A) zoning district and created a new Family-Agricultural zoning district for lots less than 5 acres. The applicant has stated they have no objections to having the subject property re-designated into the FA-la zoning district. Although this would appear to be a simple housekeeping measure, it would be an amendment to the zoning district boundaries requiring a metes and bounds map and written description of the area, and thus cannot be processed as a simple amendment to an existing Change of Zone ordinance. Therefore, the Director recommends retaining the property's existing A-la zoning.