PD RECOMMENDATION REPORT (AMEND REZ-11-136__PL-REZ-2021-002)

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REosterREZAmend.EC.92721 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION CYNTHIA FOSTER AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 1173 (REZ 11-000136) Upon careful review of the request to amend conditions of Change of Zone Ordinance No. 11 73, the Planning Director recommends that a favorable recommendation for the request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a five (5)year time extension to comply with Condition C, which states "Final Subdivision Approval shall be secured within five (5) years from the effective date of this ordinance. "By Planning Department letter dated February 25, 2019, the applicant was granted a five (5)year administrative time extension that expired on September 1, 2021. As the applicant was unable to successfully obtain Final Subdivision Approval by this deadline, she is now requesting an additional five (5)year time extension to subdivide the 17.88-acre lot into three (3), 5+ acre lots. Once the subdivision is finalized,the applicant intends to retain two of the lots for her family, while selling the third lot to help offset subdivision costs. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, concerted efforts were made to obtain Final Subdivision Approval prior to the administrative time extension deadline of September 1, 2021, but was unable to do so for the following reasons: ■ According to the applicant much of the actual subdivision process was deferred to a family member who has a thriving coffee farm in Kona, and thus preoccupied much of their time resulting in some delay in the process. ■ The initial surveyor hired for the project suddenly moved out-of-state, forcing the applicant to find another surveyor to complete the task. Finding another surveyor