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AMI-ENDYMENTS TO CONDITIONS B, C. D, E, F3 H, i, U, V, X3 Z ORDINANCE NO, WES 113 SUFFOLK IINVESTMENT L.LC PUAPUA'A QST AN ID; 2n,-,, NORTH KC)t4A, HAVAIA141 TP,11K: 7-5-017: 019 1. BACKGROUND On August 5,200-0, Ordinance No. 05 114 became effective reSLfltil-10 in the reclassification cf a 14.872 acre area, identified by TMK: 7-51-017:019 ('subject site") from the State Land Use Agricultural to Urban district. Subsequently and also on the same- date, the subject site was rezoned via Ordinance No. 05 113 from Agriculture (A -5a) to Multiple -family Residential (RM -2.5). (Exhibit A) The purpose of those actions Was to enable the landownerldeveloper, Suffolk Developme-Nnt LLC ("applic-ant") to develop a 250 -unit market rental 1`11DUsing project. At the same time, the landowner (Puna Development LLC) of an adjoining property consisting of 14.973 acres and identifiers by TMK: 7-5-017: 0011 had proposed to do a neighborhood shopping center consisting of 93,600 square feet. Because the infrastructure requirements and the somI'Vif h at symbiotic land use re-lationship beth -leen both projects, that project lgvas considered in tandem with the proposed 250-Linii market rental housing project. As such, the proposed neighborhood shopping complex was also reclassified into the State Land Use from the Agriculture to the Urban district (Ordinance No. 05 114) and rezoned from Agriculture 0-5a) to Neighborhood Commercial (CN -20) via Ordinance No. 05 1115 (E-xhibit B) with the same effective date of AUgLiSt 5, 2005. The rezoning ordinances for both projects had time performance requirements which were not fir nely fulfilled. -they also had similar infrastructure related conditions. Hoviever, inasmuch as each of these projects is covered by its own separate a1, disfin nc-ct ordin;- ince, a separate report and request will be made for each ordinance. In this instance, the request herein applies only to the proposed housing project covered by Ordinance No. 05 113. The time performance requirements of Ordinance No. 05 113 related to Condition B (payment of water commitment deposit- within 90 days); Condition C (project completion within 5 years); and Condition U (public input within 90 days on the proposed recipient of a school site).- As will be discussed below, although Condition U was partially complied with, the applicant is re -questing its deletion.