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proposed subdivision was granted on January 24, 2002 and construction plans have been <br /> prepared for the Project, with Mr. Leong's passing in 2009 and the subsequent and <br /> dramatic downturn in the economy, the family found themselves unable to complete the <br /> requirements of Final Subdivision approval in this timeframe. As the family is now <br /> ready to complete the subdivision, an additional extension of time is being requested, as <br /> directed by the Planning Department in their letter of July 21, 2015, which is attached as <br /> Exhibit D. <br /> I. PROJECT LOCATION AND DESCRIPTION <br /> The subject property is a 4.201 acre parcel on the makai (west) side of Mamalahoa <br /> Highay in Kealakehe Homesteads, North Kona., as shown on the attached Location Map <br /> and TMK Map, Figures 1 and 2. The parcel is a narrow rectangular shape with slopes <br /> of 5-15% from the highway down to the lower portions of the property. There is and <br /> existing home located on the parcel in the area of the proposed lot 1-A. The site has <br /> been grubbed periodically over the years and there are a variety of the fruit and <br /> ornamental trees located in association with the existing residence in the mauka portion <br /> of the property. The majority of the property, especially over the lower 2/3rds of the site, <br /> is nearly completely overgrown with alien species, primarily lantana, natal red top, spiny <br /> amaranth, lilikoa, ficus, tree fern, Christmas berry, begger weed, bermuda grass and <br /> elephant grass. <br /> IL REGULATORY BACKGROUND <br /> As noted, the property was rezoned from Agricultural, 5-Acre (A-5a) to Family <br /> Agriculture, 1-Acre (FA-1a) in 1999 with the adoption of Ordinance No. 99-36. The <br /> timing related conditions of approval included the requirement to secure water <br /> commitment for the project through the required water commitment payment to the <br /> Department of Water Supply (Condition B) and to secure Final Subdivision Approval <br /> within 5-years of the effective date of the Change of Zone ordinance (Condition C). <br /> Water Commitment deposits have been made so as to extend the time of water <br /> commitment to January 31, 2017, by which time, pending Council approval of the <br /> requested extension of time, the Applicant expects to have secured final subdivision <br /> approval. <br /> Tentative Subdivision approval for the planned 3-lot subdivision was granted by the <br /> County Planning Department on January 31, 2002. Copy of the proposed three-lot <br /> subdivision that received tentative subdivision approval is shown in Figure 4, <br /> Preliminary Subdivision Map. A request for an extension of time to secure final <br /> subdivision approval was requested and granted by the Planning Director, extending the <br /> deadline for obtaining approval to March 15, 2009. <br /> Other conditions of the change of zone ordinance pertain to the requirements for final <br /> subdivision approval, including: providing a driveway access from Mamalahoa Highway <br /> meeting with the approval of the Department of Public Works (Condition D); providing <br /> for the future road widening along the frontage of Mamalahoa Highway (Condition E); <br /> Recording restrictive covenants in the deeds of all proposed lots prohibiting the <br /> construction of a second dwelling on each lot(Condition F);providing a drainage study of <br /> the project site, if required, for review and approval by the Department of Public Works <br /> (Condition G); and the applicant making its fair-share contribution to mitigate potential <br />