2022-04-21 Leeward Exh D (Item 3&4 Hawaii One1 PL-REZ-2021-014&PL-SMA-2022-012)

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The applicant is requesting two amendments to ordinance 09 8, which reclassified 11.05 acres of land from an Agricultural 5-acres to a Single-Family Residential 7,500-square feet zoned district. The first is a five-year time extension to Condition E, time to secure Final Subdivision Approval, and an amendment to Condition K, drainage improvements, to allow for the option of bonding the drainage improvements or the use of other acceptable forms of surety in lieu of the construction of drainage improvements prior to the issuance of Final Subdivision Approval. The applicant proposes the following language: "A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvement shall be constructed"—and this is the proposed additional language—"or secured by a bond or other acceptable forms of surety meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage shall include potential impacts from the Kahului-Keauhou Parkway culverts." The applicant is also requesting a five-year time extension to Condition number 4 of the SMA Use Permit, and it's a similar condition for, to secure Final Subdivision Approval. The SMA Use Permit 07-024 allowed the development of a 65-lot single-family residential subdivision and related improvements on the subject property. The proposed development at the time, and as largely carried through, is a development of a 62-lot residential subdivision, with lots ranging in size from 3,082 square feet to 6,501 square feet and related improvements consistent with an approved Planned Unit Development master plan. All proposed structures will be limited to one to two stories in height. According to the PUD permit, which was approved in 2016, 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. The applicant's stated reasons for the request are as follows: Since the applicant acquired the property in 2013so, about seven years after the ordinance, pardon me, about four years after the ordinance was approved they have worked diligently to comply with conditions of approval of the Change of Zone ordinance. These include securing a Planned Unit Development permit in 2016; finalizing and securing approval from SHPD for an archaeological data recovery plan and burial treatment plan in 2017,pardon me, in 2010 and 2017, respectively; securing tentative 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-acre neighborhood park, and completing an environmental assessment, receiving a finding of no significant impact 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 subdivision 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 request. Additionally, the applicant would like to secure a bond or other form of surety for all subdivision related infrastructure improvements, including drainage improvements, as allowed for by the Subdivision Code. To do this, they are requesting an amendment to Condition K to allow for this flexibility. 3 EXHIBIT D