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DocuSign Envelope ID:369D8555-2D80-4AE9-BE09-C9FE47FACAC4 Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 3 that it is today, Urban Expansion. This designation allows for industrial and commercial development; thus, the current Industrial-Commercial Mixed (MCX) zoning is consistent with the General Plan designation. The zoning continues to be consistent with the Kona Community Development Plan, as the MCX-zoned area is part of the larger Palamanui project which is designated as a Transit Oriented Development (TOD) in the Kona CDP. The industrial-commercial land uses in the rezone area will serve the residents and businesses in the larger Palamanui development and University campus. Lastly, the reasons for granting the original change of zone have not changed. The applicants still proposed to subdivide the rezone area into approximately 35± lots ranging in size from 20,000 to 62,000 square feet to sell or develop into uses permitted under the MCX zoning, such as distribution and wholesaling uses, retail and office uses. In addition to the amendment to Condition E to provide a 10-year time extension, the Planning Director recommends amendments of other existing conditions in the ordinance, to include but not be limited to the following conditions, to reflect the current standard language for conditions of approval and to reflect conditions the applicant has already complied with. 3 Condition D is amended to indicate a revised Water Master Plan is required for the new phasing plan and updates the condition to say the applicant must comply with the Nater Agreement on file, which is in the process of being amended. This amendment was recommended by the Department of Water Supply in their memo dated September 21, 2020. Condition H is amended because single-family residential lots are not a permitted use in the MCX zoning district. This language was included in Ord. 09 131 as a"cut and paste" error. i Condition O is deleted to reflect the Queen Ka`ahumanu Highway widening improvements to the airport were completed and opened in 2018. j i This favorable recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Industrial-Commercial Mixed (MCX) zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this favorable recommendation; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Ordinance No. 09 131. The