PD BACKGROUND REPORT (PL-REZ-2022-032)

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[P]O. "An initial extension of time for the performance of conditions within the amended ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the [applicants, its successors or assigns] Applicant, and that are not the result of their fault or negligence.... As noted earlier, an administrative time extension was never requested. As such, the Applicant is requesting an amendment to this Ordinance to allow for this extension, with the passibility of an administrative extension. That is the purpose of this application. IV. RESTATEMENT OF REQUESTS In the event this request is addressed as an amendment to Ordinance No. 98 91 as opposed to a new rezoning application, the Applicant requests the following: • Condition D: A S-year time extension to secure final subdivision approval from the date of the amended ordinance with the possibility of an administrative time extension. • Conditions E and F: Deletion of the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval. That would mean deleting the last sentence and substituting it with the language similar to Ordinance No 16 99, in which case it would read: [A copy of the approved covenant(s) shall be recited in an instrument executed by the applicant and the County and recorded with. the Bureau of Conveyances prior to the issuance of Final Subdivision Approval.] A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances." • Condition G: Deletion of Condition G relating to a covenant that requires the submittal of plans to the Kona Soil and Wafter Conservation District prior to any land disturbance activity. This condition was designed to help address drainage considerations. However, with the inclusion of the requirement to comply with Chapter 10 Soil and Sedimentation Control of the Hawaii County Code, this requirement becomes somewhat redundant or moot. Further,please note that this condition is no longer made a part of the recently rezoning or time extension approvals. • Condition J: Deletion of Condition J requiring the submittal of an archaeological study or survey. The SHPD has already opined and/or concluded that no historic properties should be present. Specifically, in its comments on April 2, 2005 (subsequent to the adoption of the Ordinance), SHPD stated that"Archaeological sites at this elevation unlikely given results 8