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g. 2-2-37a2 Carol Davis <br /> h. 2-3-37:13 Malulani, Inc. <br /> i. 2-3-37:14 William and Glynnis Dolan <br /> j. 2-3-37:15 Malulani, Inc. <br /> k. 2-3-37:16 Kualoa Ranch, Inc. <br /> 1. 2-3-37:17 Guy and Andrea Miller <br /> m. 2-3-37:18 Kualoa Ranch, Inc. <br /> n. 2-3-37:19 Frank De Luz III/Dereck and Laurie Botelho <br /> o. 2-3-37:20 County of Hawaii <br /> (Exhibits B and C- TMK Maps) <br /> 9. The landowners were informed of the proposal to repeal Ordinance No. 487. <br /> STATUS OF ORDINANCE <br /> 10. Per letter dated May 29, 2003, the Planning Director informed Frank De Luz III <br /> that "Because there was never any actual development on the property, the RS-7.5 <br /> incremental zoning is not in effect. As a result, the property is in its original <br /> zoning A-la. The Planning Department processed the recent subdivision of <br /> the property (approved in Apri12001) on the basis of the A-la zoning. <br /> The fact that the property has been divided into separate ownership makes it very <br /> difficult to apply the incremental zoning at the present time, because it is not <br /> possible to determine which area is the first increment, or even if one increment <br /> were completed, what would be considered the second increment." (Exhibit D) <br /> <br /> RECOMMENDATION <br /> 11. The 2001 subdivision was granted tentative approval in August 2000 based upon <br /> advice from corporation counsel that because the conditions of the RS-7.5 <br /> rezoning had not been satisfied, the property should be treated as if it were zoned <br /> A-la. The subdivision did not meet standards for an RS-7.5 subdivision. The <br /> 2003 letter to landowners was sent to make it cleaz that they could not develop the <br /> lots resulting from the subdivision based on the RS-7.5 zoning because the <br /> subdivision had been granted on the basis that the A-la zoning was in effect. <br /> It is very difficult to apply the conditions of Ordinance No. 487 to the <br /> various subdivided properties, especially the incremental zoning conditions. <br /> 3 <br /> <br />