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<br /> Pete Hoffmann, Chairman <br /> and Members of the County Council <br /> Page 2 <br /> "D. Final Subdivision Approval of the proposed residential subdivision within <br /> the subject property shall be secured from the Planning Director within five (5) years <br /> from the effective date of this ordinance." <br /> The applicant is in the process of subdividing and developing a total of thirty-four <br /> (34) residential lots. Increment 1 has been completed, which consists of twenty (20) lots. <br /> Increment 2 is pending until the applicant is able to obtain the required water <br /> commitments from the Department of Water Supply for the remaining lots. According to <br /> the applicant, they have graded the roadway to subgrade and have graded the lot pads for <br /> Increment 2. They will commence construction once the water commitments have been <br /> secured. <br /> The non-performance is the result of conditions that could not have been foreseen <br /> or are beyond the control of the applicants, successors or assigns, and that aze not the <br /> result or their fault or negligence. To date, the applicant has expended considerable funds <br /> for the 2"d increment of the project in preparing the roadway and lot pads. The applicant <br /> is still in the process of obtaining the required water commitments from the Department <br /> of Water Supply for the 2"d increment to allow them to construct infrastructure <br /> improvements and receive Final Subdivision Approval. According to the Department of <br /> Water Supply, the applicant does not have a water commitment for the 13 additional units <br /> of water needed for the proposed Increment 2 of Kukuinui Subdivision. The necessary <br /> water system improvements needed to provide the additional water for Increment 2 would <br /> include, but not be limited to, additional source development. Prior to issuing a water <br /> commitment, the developer would need to show the Department of Water Supply how <br /> they propose to provide the additional source needed. <br /> Approval of this request would not be contrary to the General Plan nor the <br /> original reasons for the granting of the Change of Zone. Since the original approval of <br /> the change of zone request, the General Plan has been amended. The General Plan Land <br /> Use Pattern Allocation Guide (LUPAG) Map has been revised from Urban Expansion to <br /> Low Density Urban in this area. Change of Zone Ordinance No. 97-56 rezoned <br /> approximately 10.283 acres of land from an Agricultural (A-Sa) to a Single Family <br /> Residential (RS-10) district. The original request to allow single family residential uses <br /> continues to be consistent with the General Plan for this area. Additionally, the request is <br /> not contrary to the original reasons for granting the change of zone. <br /> For your favorable consideration, an amendment to Ordinance No. 97 56 is transmitted. <br /> <br />