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

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the Hawaii County Code (Erosion and Sedimentation Control) ■ The deletion of Condition J (Archaeological Survey) due to the State Historic Preservation Division's (SHPD) prior determination that"no historic properties would be affected"by the proposed four(4)-lot subdivision. ■ An amendment to Condition M (Fair Share Requirements), to clarify that the fair share requirement shall only apply to any additional lots created and to update the required fair share amounts to current rates. The non-performance on timed conditions 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. The applicant acquired the subject property under foreclosure on May 11, 2022, with the goal of completing the proposed, four (4)-lot subdivision as envisioned by the previous owner. According to the applicant, it is unknown why the former owner could not complete the proposed subdivision within the timeframe stipulated in Ordinance No. 98 91, however, the applicant intends to complete the subdivision as represented in the original ordinance, thus the additional time to complete the subdivision is necessary. Based on the preceding, the Planning Director has determined that the non- performance by the former landowner was beyond the current applicant's control and was not the result of their fault or negligence. Furthermore, as the ordinance was approved in 1998, the Planning Director recommends updating several existing conditions to reflect current standard language and amending/adding new conditions as requested by the applicant and recommended by agencies as further discussed below. Granting of the time extension and amendments would not be contrary to the General Plan or Zoning Code. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone approval in 1998. At that time the General Plan LUPAG Map designation for the property was the same as it is today, Important Agricultural Lands. These are designated lands with better potential for sustain high agricultural yields because of soil type, climate, topography, or other factors. The A-5a zoning is compatible with this LUPAG designation. -2-