PD BACKGROUND REPORT (PL-REZ-2022-015_AMEND REZ-05-027)

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REZONING (ORDINANCE NO. 06 82)TIME EXTENSION REQUEST CLINTON HINCHCLIFF,JR. KALOKO MAUKA,NORTH KONA, HAWAII,TMK: 7-3-024: 008 I. GENERAL BACKGROUND On June lb, 2006, Ordinance No. 06 82 rezoned a 21.942 acre parcel from Agriculture (A-40a) to Family-Agriculture (FA-3a) (Exhibit A) This enabled the former owner (Nimble Land, Inc.)to proceed with its plans to subdivide the 21.992 acre parcel into seven (7) lots. The subject site fronts the south side of Kaloko Drive at the northeastern corner of Kaloko Drive and Hao Street within the Kaloko Mauka Subdivision. (Figure 1) The Applicant,Mr. Clinton Hinchcliff,Jr., secured partial interest in the property in 2010. Shortly thereafter, the property was involved in an extensive litigation among the former owners of the property, resulting in a questionable title. Until that was resolved in late 2015,the Applicant could not do anything with the property. Between the AppIicant's focus on his business and the quiet real estate market then, the Applicant did not do much in having the land subdivided. As things settled, including a better real estate market,the Applicant sought to subdivide the property and submitted its subdivision application a few months ago. Regrettably, in a letter, dated August 13, 2021 (Exhibit B)the County Planning Department returned the subdivision application, noting that the rezoning condition to complete the subdivision had expired. Thus,this request is to seek the needed rezoning time extension to enable the Applicant to complete the subdivision of the property. 11. NATURE OF REQUEST The Applicant wishes to proceed with the development of this site in accordance with the current zoning and conditions. However, as noted earlier, when the Applicant finally secured complete control of the subject property,he was not ready to proceed with the subdivision. Now when he is ready and able to proceed and after hiring a new engineer, he learned that the rezoning condition to complete the subdivision had expired. Accordingly,the Applicant is requesting a time extension, retroactive to June 2416 and for an additional five (5)years from the effective date of the rezoning amendment, with the possibility of an administrative extension. The Applicant is also requesting the deletion of Condition J relating to the prohibition of a building permit and some technical amendments to Conditions E, F, and G relating to the necessity of a recorded agreement prior to receipt of final subdivision approval. The Applicant further understands that other amendments may be proposed by the Director to make the conditions current. 1