PD RECOMMENDATION REPORT (PL-REZ-2022-014_Amend REZ-07-075)

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securing approval from the State Historic Preservation Division for an Archaeological Data Recovery Plan in 2010 and Burial Treatment Plan in 2017, securing Tentative Subdivision Approval for phase one of the subdivision in 2017,working with the Department of Parks and Recreation to locate a suitable site for a three (3)acre neighborhood park and completing an Environmental Assessment (EA)and receiving a Finding of No Significant Impact (FONSI) for the park's development and securing approval for subdivision infrastructure construction plans in 2019. Despite this work,the applicant lost its funding to complete the required infrastructure improvements for the project and could not find an alternative source within a timely manner. Thus,the applicant could not meet the February 9, 2019, deadline to secure Final Subdivision Approval,which necessitates the time extension requests. Finally,with approval of the requested amendment to Condition K of Ordinance 09 8, the applicant will have the opportunity to provide an acceptable form of surety to ensure the construction of the subdivision drainage system along with the subdivision's roadway and water systems as a means to secure Final Subdivision Approval,which then affords the applicant additional opportunities to secure the necessary funding to complete the project. The original application was reviewed against the guidelines for granting a change of zone and approved,with conditions,by the County Council. The requested amendment requests were reviewed using the following criteria: A. 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. B. Granting of the time extension would not be contrary to the General Plan, Kona Community Development Plan, and Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the permit. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Ordinance No. 09 8 was approved by the County Council in 2009 to reclassify 11.054 acres of land from an Agricultural 5-acres (A-5a)to a Single-Family Residential-7,500 square feet(RS-7.5) zoned district. In conjunction with this ordinance, the Planning Commission also approved SMA Use -2-