COM 0911.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 2 improvements on TMK 7-5-020:071 and 072. The applicant requests a 5-year time extension to Condition B, which required that Final Subdivision Approval be secured by May 27, 2014. The applicant acquired the properties in 2006 and secured Tentative Subdivision Approval the same year. A final plat map and construction plans were submitted to Planning in May 2014 but the applicant was not able to secure final subdivision approval prior to the deadline. The applicant also requests to amend Condition J, which requires that drainage improvements be constructed prior to receipt of Final Subdivision Approval, by providing a surety bond for the drainage improvements so that Final Subdivision Approval can be issued before the improvements are constructed. Bonding of drainage improvements is a routine process similar to the bonding of other subdivision improvements. The applicant anticipates constructing the project's drainage improvements within six months of receipt of a new grading permit from the Department of Public Works. Lastly, the applicant requests to amend Condition V, which requires the applicant make the fair share payment prior to receipt of Final Subdivision Approval. The applicant requests to defer payment of the fair share payment until each of the 58 single-family residential units are constructed and sold. Payment would be made via escrow upon the close of sale. CONDITIONS B and J Granting of the amendments to Conditions B and J would not be contrary to the original reasons for granting the rezone. The applicant is simply seeking additional time to complete the subdivision, to change the timing of when drainage improvements will be constructed, and to change the timing of when the fair share payment will be made. The proposed project has not changed from its original concept when the rezone was approved in 2004. Since the rezone was granted, the applicant has completed construction plans implementing conditions of the ordinance including the archaeological preservation plan and burial treatment plan. Granting of the amendments to Conditions B and J would not be contrary to the General Plan or the Zoning Code. There have been three significant changes since the rezone was approved in 2004 that warrant a re-evaluation of the approval of the rezone: 1) the General Plan was updated in 2005, 2) the Kona Community Development Plan (KCDP) was adopted by the County Council in 2008, and 3) the Zoning Code was amended by the County Council in 2007 to include concurrency requirements for rezones or time extensions for previously approved rezones, such as the current request.