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r B3mvonOrd9511 &Amen&doa4/28/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SAMSON tXC CHANGE OR ZONE ORDINANCE NO.95118 AMENDMENT TO CONDITIONS D AND E SAMSON LLC has submitted a request for time extensions to Condition D (Final Plan Approval) and Condition E (commence construction) of Ordinance No. 95 118, which rezoned lands from Unplanned (U) and Double-Family Residential - 3,750 square feet (RD-3.75) to Multiple-Family Residential - 2,500 square feet (RM-2.5) and Village Commercial - 7,500 square feet (CV-7.5), respectively. The area involved is located along the north side ofHualalai Road, adjacent to the Aloha Kona Subdivision, Hienaloli 4'h and 5th, North Kona, Hawaii, TMK: 7-5- 10: Por. 13 (formerly 7-5-23: 63). PROPOSED ACTION 1. Request: Time extension to Conditions D (Final Plan Approval) and Condition E (Commence Construction) of Ordinance No. 95 118. The applicant purchased the property from the original landowners in February, 2005 and requests the additional time to comply with the conditions of approval. Conditions D and E state: "D. Final Plan approval shall be secured from the Planning Department within one (1) year from the effective date of approval of the consolidation approval of the subject properties. Plans to be submitted for Final Plan Approval shall include all applicable conditions of consolidation approval. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured." "E. Construction shall commence within five (5) years from the date of receipt of Final Plan Approval and shall be completed within two years thereafter." (Exhibit 1- Applicant's letter dated March 3, 2006 and attachments) 2. Reasons for the request: Although the prior applicants obtained Final Plan Approval of -1-