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Bs.mw00rM10AW0n&d00 4n7/06 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SAMSON LLC CHANGE OR ZONE ORDINANCE NO. 90 010 AMENDMENT TO CONDITIONS B AND C SAMSON LLC has submitted a request for time extensions to Condition B (Final Plan Approval) and Condition C (Commence Construction) of Ordinance No. 90 010, which rezoned 45,411 square feet of land from a Multiple-Family Residential - 2,000 square feet (RM-2) to Village Commercial - 7,500 square feet (CV-7.5). The property is located along the north side of Hualalai Road, adjacent to the Aloha Kona Subdivision, Hienaloli 5'h and 6'h, North Kona, Hawaii, TMK: 7-5-10: Por. 13 (formerly 7-5-23: 64 and 67). PROPOSED ACTION 1. Request: Time extension to Conditions B (Final Plan Approval) and Condition C (Commence Construction) of Ordinance No. 90 010. 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 B and C state: "B. Revised Final Plan Approval shall be secured from the Planning Department within one year from the effective date of this amendment. 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." "C. Construction of the proposed improvements shall commence within one year from the date of receipt of final plan approval and 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 the original project on June 2, 1993 and commenced construction through work within the County right-of-way for sewer improvements in September 2000 and grading work in -1-