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3. Supportive Information: The applicant, who is the landowner, has submitted the attached in support of the amendment request. (Planning Department Exhibit 1 - Amendment Request dated Apri14, 2007) BACKGROUND INFORMATION 4. Apri17,1997: Effective date of Change of Zone Ordinance No. 97-56 (REZ 854) approved by the County Council, which rezoned approximately 10.283 acres of land from an Agricultural (A-Sa) to a Single Family Residential (RS-10) district. The applicant was Kona Scenic Land, Inc. (Planning Department Exhibit 2 -Change of Zone Ordinance No. 97-56) 5. Apri15, 2002: The Planning Department approved a 5-yeaz administrative time extension to comply with Condition D of Change of Zone Ordinance No. 97-56 until April 7, 2007. 6. September 27, 2004: Letter from Gary E. Ashikawa, Manager of RS10 Kalaoa, Inc. agreeing to offer 3 lots for sale at affordable prices in compliance with the Affordable Housing requirement in Condition K of Change of Zone Ordinance No. 97-56. (Planning Department Exhibit 3 -Letter Dated September 27, 2004) 7. October 4, 2004: Acknowledgement letter from Planning Department for the Final Plat Maps submitted for Increments I and II for Kukuinui Subdivision. Increment R is still pending as of this date. 8. February 3, 2005: The date of the executed affordable housing agreement between the applicant and the County of Hawaii. The applicant has agreed to offer for sale three (3) single-family finished lots affordable to families earning up to 140% of the median family income for the County of Hawaii. (Planning Department Exhibit 4 -Copy of Agreement and Hawaii County Housing Agency Resolution No. 139) 9. February 24, 2005: Approval date for Final Subdivision Approval No. 7924, which is the "Kukuinui Subdivision, Increment 1." (Planning Department Exhibit 5 -Final Subdivision Approval Letter Dated February 24, 2005) 10. September 26, 2005: Date of the executed Release releasing RS10 Kalaoa LLC from the requirements stated in the executed affordable housing agreement between the applicant and the County of Hawaii for Increment 1. The applicant will be required to -2-