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Dru Kanuha, Council Chair <br /> and Members of the County Council <br /> Page 2 <br /> This condition required that Final Subdivision Approval be secured by March 15, 2004. <br /> The applicant is requesting a 5-year time extension from the date of approval of this <br /> proposed amendment to secure Final Subdivision Approval. <br /> According to the applicant, the subject parcel was originally rezoned with the <br /> express purpose of subdividing the property into three lots so that, as part of estate <br /> planning, Mr. Leong could provide a lot for eaclh of his three daughters. Tentative <br /> subdivision approval was granted in 2002 and Construction plans were prepared. A five <br /> (5)year administrative time extension was granted in 2004 pushing the deadline to secure <br /> final subdivision to March 15, 2009. The family found themselves unable to complete <br /> the requirements of final subdivision approval cue to Mr. Leong's passing in 2009, along <br /> with the 2008 economic downturn. The family!is requesting an additional five year time <br /> extension as they are now ready to complete the subdivision, as directed by the Kenneth <br /> T. Leong Trust. <br /> The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicant, successors or assigns, and that <br /> are not the result or their fault or negligence. According to the applicant, the subject <br /> parcel was originally rezoned with the express purpose of subdividing the property into <br /> three farm lots so that, as part of estate plannin , Mr. Leong could provide a lot for each <br /> of his three daughters. Tentative subdivision approval was granted in 2002 and <br /> construction plans were prepared. A five(5)year administrative time extension was <br /> granted in 2004 pushing the deadline to secure final subdivision to March 15, 2009. The <br /> family found themselves unable to complete the requirements of final subdivision <br /> approval due to Mr. Leong's passing in 2009, among with the 2008 economic downturn. <br /> The family is requesting an additional five year time extension as they are now ready to <br /> complete the subdivision, as directed by the Kenneth T. Leong Trust. The landowner has <br /> taken reasonable steps toward completing subdivision of the subject property such as <br /> submitting preliminary subdivision plans and construction plans, the applicant has <br /> consistently been working towards compliance,with the conditions of the change of zone <br /> and non-performance is the result of conditions that could not have been foreseen and <br /> were beyond the control of the applicant. <br /> Approval of this request would not be contrary to the General Plan or <br /> Zoning Code nor the original reasons for granting the Change of Zone. The General <br /> Plan was updated in 2005. This update amended the Land Use Pattern Allocation Guide <br />