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3 <br /> Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> Page 4 <br /> different use permitted in the RCX zoning district that would generate 50 or more peak <br /> hour trips. <br /> Lastly, this recommendation is made with the understanding that the applicant <br /> remains responsible for complying with all other applicable governmental requirements <br /> in connection with the proposed use, prior to its commencement or establishment upon <br /> the subject properties. Additional governmental requirements may include the issuance of <br /> building permits, compliance with the Fire Code, installation of improvements required <br /> by the American with Disabilities Act (ADA), among many others. Compliance with all <br /> applicable governmental requirements is a condition of this approval, failure to comply <br /> with such requirements will be considered a violation that may result in enforcement <br /> action by the Planning Department and/or the affected agencies. <br /> Based on the preceding findings, the Planning Director recommends that a <br /> favorable recommendation be forwarded to the County Council to amend Ordinance No. <br /> 12 33 to allow a five (5)-year time extension to Condition B (time to complete <br /> construction) with the possibility of an administrative time extension and a modified <br /> amendment to Condition C (water commitment) as described above. <br /> In addition, the Planning Director recommends that existing conditions in the <br /> ordinance be revised to reflect the current standard language for conditions of approval <br /> and to remove conditions that have been implemented. <br /> The accompanying draft bill to amend Ordinance No. 12 33 is provided for your <br /> consideration. Please note the proposed conditions of approval attached to the draft bill. Material <br /> to be deleted is bracketed and struck through; new material is underscored. <br /> We are enclosing copies of the staff Background, Planning Director's Recommendation, and the <br /> Power Point presentation. A draft transcript of the hearing will be provided under separate <br /> cover. <br /> Sincerely, <br /> John R. Replogle, Chairman <br /> Windward Planning Commission <br /> UakataDentalREZ 11-146wpc1 <br /> Enclosures <br />