PD RECOMMENDATION REPORT (PL-SMA-2022-012_Amend SMA-07-024)

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in 2016, finalizing and securing approval from the State Historic Preservation Division for 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. The applicant is committed to finalizing the project and is requesting an additional five (5)years to secure the necessary funding and complete construction of the required infrastructure to secure Final Subdivision Approval as required by Condition No. 4. It should be noted that the applicant has requested a concurrent amendment to Change of Zone Ordinance No.09 8 for a similar five (5)-year time extension to secure Final Subdivision Approval. Thus,the effective date of the SMA Use Permit amendment will be the effective date of the rezoning amendment. Based on the preceding,the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants and that are not the result of their fault or negligence. Granting of the time extension would not be contrary to the General Plan, Kona Community Development Plan or Zoning Code. The applicant is proposing to develop a 62-lot residential subdivision ranging in size from 3,082 square feet and 6,501 square feet and related improvements consistent with an approved PUD master plan. According to the PUD permit, the PUD is designed to address the needs and lifestyle of residents who want to live in a planned residential community that is a more compact community with alternate standards versus the current, standard subdivision layout, which in many cases lacks a human scale and walkability. Since the ordinance was approved in 2009,there has been no significant changes in the General Plan or Zoning Code relative to the project area. The General Plan designation for this area is Low Density Urban, ,which allows residential,with ancillary community and public uses, and neighborhood and -3-