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Pete Hoffmann, Chairman and Members of the County Council Page 2 Final Subdivision Approval for the lots, the Planning Director shall initiate a change of zone of lands encumbered by the 9-hole pitch and putt golf course into an Open-zoned District classification." Nani Mau Gardens began with the approval of Docket No. SP73-159 (Special Permit No. 247) by the State Land Use Commission to Toyama Gardens Hawaii, Inc. dba Nani Mau Gardens, Inc. on October 17, 1973, which allowed the establishment of a commercial arboretum (Nani Mau Gardens) for public tours and the sale of agricultural products on the property. Since the granting of the permit, there have been nine amendments to conditions within the Special Permit, which include time extensions, additional uses and conditions, and deletions of uses and conditions. The fourth amendment approved on July 24, 1991, allowed the expansion of the project area as well as retail commercial activities to include two proposed snack shops, fruit/vegetable stand and an agricultural museum, stables and equestrian trails. Condition No. 7 (off-site improvements) was imposed due to the anticipated traffic impact resulting from the proposed expansion plan. Nani Mau Gardens currently consists of approximately 23.793 acres including a green house and garden pavilions, a restaurant, office building, gift shop, salon, maintenance building and a dwelling. The retail area encompasses approximately 10,562 square feet. In addition, Use Permit No. 126 was approved by the Planning Commission on July 28, 1994 to allow the establishment of a 9-hole pitch and putt golf course on the site. Change of Zone Ordinance No. 95-55 (REZ 792) was approved April 26, 1995 to reclassify 41.75 acres from A- 10a and A-3a to A-la for a proposed maximum twenty-two (22) 1-acre lots and a 9-hole pitch and putt golf course approved under Use Permit No. 126. Condition B of Ordinance No. 95 55 required that Final Subdivision Approval be secured within five (5) years of the effective date of the ordinance and limited the number of lots not exceed twenty-two (22). It also required that and upon Final Subdivision Approval, the area encumbered by the 9-hole pitch and putt golf course be rezoned into the Open district by the Planning Director. The applicant received Tentative Subdivision Approval (SUB 2003-0092) on December 17, 2003 for a 22-lot subdivision with 2 accesses, but was not able to secure Final Subdivision Approval by the deadline of April 26, 2005. According to the applicant, delays in receiving approval for the construction plans prevented the applicant from meeting the deadline for Condition B. The applicant is requesting a 5-year time extension to comply with Condition B and receive Final Subdivision Approval. Nani Mau Gardens' core use will continue to be the tropical gardens, As Nani Mau Inc. continues to examine its best options to increase business, the applicant has