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BKennethLeongTrustREZ909Amend.crk 2.05.16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KENNETH K. LEONG TRUST CHANGE OF ZONE ORDINANCE NO. 99-36 (REZ 909) AMENDMENT TO CONDITION C KENNETH K. LEONG TRUST has submitted a request for a 5-year time extension to Condition C (secure Final Subdivision Approval) of Change of Zone Ordinance No. 99-36, which rezoned 4.201 acres of land from an Agricultural-5 acres (A-5a) zoning district to a Family-Agriculture-1 acre(FA-1a) zoning district to accommodate a proposed 3-lot subdivision. The property is located on the west (makai) side of Mamalahoa Highway, approximately 0.7 miles south of the Mamalahoa Highway-Palani Road intersection at Kealakehe Homesteads First Series, Kealakehe, North Kona, Hawaii, TMK: 7-4-004:033. APPLICANT'S REQUEST 1. Request: The applicant has submitted a request to amend Condition C of Change of Zone Ordinance No. 99-36, which states: "Final Subdivision Approval of the proposed subdivision within the subject property shall be secured from the Planning Director within five(5) years from the effective date of the Change of Zone ordinance." This condition required that Final Subdivision Approval be secured by March 15, 2004. The applicant is requesting a 5-year time extension from the date of approval of this proposed amendment to secure Final Subdivision Approval. 2. Reasons for Request: According to the applicant, the subject parcel was originally rezoned with the express purpose of subdividing the property into three lots so that, as part of estate planning, Mr. Leong could provide a lot for each of his three daughters. Tentative subdivision approval was granted in 2002 and construction plans were prepared. A five(5) year administrative time extension was granted in 2004 pushing the deadline to secure final subdivision to March 15, 2009. The family found themselves unable to complete the requirements of final subdivision approval due to Mr. Leong's passing in 2009, along with the 2008 economic downturn. The family is requesting an -1- Attachment to: Comm. 748 Bill 164