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Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 15, 2024 Page 4 required by Condition F, thus the applicant requests deletion of these completed conditions. ■ Deletion of Condition K: The Zoning Code was recently amended to prohibit the addition of conditions to any change of zone ordinance which allows the Planning Director to grant an administrative time extension (see HCC Section 25-2-44(c)),thus the applicant is requesting deletion of Condition K. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors, or assigns, and that are not the result of their fault or negligence. The subject 0.874-acre rezone area is part of a larger 4.61-acre property situated directly south (makai) of the Queen Kaahumanu Highway and adjacent to the west of the Kona Coast Shopping Center. For context, the rezone area was part of a larger area that was originally zoned General. Industrial (MG-la) in 1967 as part of the County's comprehensive rezoning program. In 1971, the County Council approved Ordinance 400 which reclassified 7.546 acres of land from MG-la to CV-10 (for 6.143 acres of land) and to Open (for 1.403 acres of land). The Open zoned area was set aside to accommodate the planned widening of the highway and included the subject 0.874-acre rezone area. It should be noted that Ordinance 400 had no conditions of approval. It was later determined that the entire 1.403-acre Open zoned land area was not needed for highway widening, thus at the request of a then lessee, the applicant requested to rezone the Open zoned area to CV-10 to match the rest of the parcel and to facilitate the commercial development of the larger parcel. In 1991, the County Council approved Ordinance No. 91 27, which was subject to several conditions, including the subdivision and donation of a 62-foot-wide strip of land for highway widening, time performance conditions to secure final plan approval and commence and complete construction, and improvements to Eho Street and its intersection with the highway. The subdivision and dedication of the roadway widening strip was completed by 1994. In 2000, the applicant subsequently amended that ordinance to delete completed conditions and request a 10-year time extension to Condition B to secure Final Plan Approval. In 2010, as the applicant was still in the process of completing improvements to Eho Street, the applicant requested and received an administrative time extension until 2020 to comply with Condition B. In 2013, the County Council accepted dedication of Eho Street between the highway and Luhia Street as a public road.