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Aaron S.Y. Chung, Council Chair <br />and Members of the County Council <br />County of Hawaii <br />Page 2 <br />approved on August 5, 2005 to change of zoning from an Agricultural (A -5a) to a <br />Neighborhood Commercial (CN -20) district for 14.973 acres of land. Concurrently, <br />Ordinance No. 05-114 was approved to change the State Land Use Boundary designation <br />from Agricultural to Urban. <br />As the subject Change of Zone Ordinance No. 05-115 has time performance and <br />infrastructure obligation conditions that the applicant has not met or reasonably fulfilled, <br />the applicant is requesting time extensions as well as amendments to certain conditions of <br />the ordinance, specifically Conditions B, C, E, F, H, I, V, W, Y, Z and BB of Change of <br />Zone Ordinance No. 05-115. These amendments are to the following conditions: <br />■ Condition B: (Time Extension to Pay Water Deposit) <br />■ Condition C (Time Extension to Complete Construction) <br />■ Condition E (Delete Requirement for Supplemental TIAR) <br />■ Condition F (Modify/Delete Already Implemented Portions of Roadway <br />Improvements) <br />■ Condition H (Modify Requirement for Location of Spine Road within Project <br />Site) <br />■ Condition I (Modify Required Location of Kuakini Highway Intersection) <br />■ Condition V (Delete Reference to Fair Share In -Lieu Credit for School Site and <br />Improvements) <br />■ Condition W (Modify Fair Share Provision) <br />■ Condition Y (Delete Housing Requirement) <br />■ Condition Z (General Plan — Affordable Housing) <br />■ Condition BB (Modify Condition to Allow Administrative Time Extension <br />The applicant originally proposed to develop a neighborhood commercial <br />shopping center to primarily serve residents of the neighboring residential subdivisions <br />and was not intended to be a regional shopping center. The original proposal included a <br />