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

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REZONING (ORDINANCE NO. 98 91) TIME EXTENSION REQUEST SUNSHINE HOLDINGS,LLC KALOKO MAUKA, NORTH KONA,HAWAI'I, TMK, 7-3-025: 012 I. GENERAL BACKGROUND On August 27, 1998, Ordinance No. 98 91 ("Ordinance") rezoned a 21.353-acre parcel from Agriculture (A-20a) to Agriculture (A-5a) (Exhibit A) The subject site fronts the west side of Kaloko Drive, approximately 1,500 feet north of Hao Street within the Kaloko Mauka Subdivision. (Figure 1) This enabled the former owner (Seshagiri R. Mallampati)to proceed with its plans to subdivide the subject property into four(4) lots consisting of 5+ acres each. (Figure 2) Sunshine Holdings, LLC ("Applicant") recently acquired the subject property under foreclosure with the goal of completing the proposed subdivision. The conveyance was recorded on May 11, 2022 (Exhibit B). While the Applicant cannot account for the reason(s) the former owner could not complete the proposed subdivision within the timeframe stipulated in the Ordinance, it stands ready to complete the subdivision as envisioned and/or represented by the Ordinance. However, as noted in a letter dated August 31, 2020 from the Planning Director to the former owner's surveyor, an extension of the Ordinance is required (Exhibit C). As such, the Applicant is requesting a time extension and other associated amendments of the Ordinance to complete the subdivision of the property_ II. NATURE OF REQUEST The Applicant wishes to proceed with the subdivision of this site in accordance with the current A-5a zoning and applicable conditions. However, because the time performance condition has passed,the Applicant is requesting a time extension, retroactive to August 27, 2008, and for an additional five (5) years from the effective date of the rezoning amendment, with the possibility of an administrative extension. The Applicant is also requesting the deletion of Condition J relating to the need for an archaeological study/survey, inasmuch as the State Historic Preservation Division ("SHPD") had previously opined 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 of assessment on adjoining property and other investigations at this level. Landowners should seek approval for any required grubbing or grading permits. " (Exhibit D) 1