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<br /> <br /> <br /> <br /> <br /> <br /> Honorable James Y. Arakaki, Chairman <br /> and Members of the County Council <br /> Page 2 <br /> <br /> <br /> related to ensuring that infrastructure is provided commensurate with the impacts being <br /> generated by the project. <br /> <br /> The inability of the applicant to comply with the requirements of Conditions <br /> (B)(1) & (B)(2), C and Y of Change of Zone Ordinance No. 95-70 are a result of <br /> conditions which could not have been foreseen or are beyond the control of the <br /> applicant. <br /> <br /> In the letter of November 17, 1997, to the Planning Director, the applicant has <br /> requested amendment to Conditions (13)(1) & (13)(2), C and Y. The applicant has stated <br /> that "we are requesting the correction of a typographical error in Condition (Y) of the <br /> above-referenced ordinance. The reference to Condition (C) in Condition (Y) should <br /> be to Condition (B). As you will note, Condition (B) specifically grants time extension <br /> authority to the Director, and it was not intended that the Director have some additional <br /> extension authority applicable to Condition (B). The intention was that the Director <br /> have discretion to extend the time limit in Condition (C). For example, see Ordinance <br /> No. 94-78, where under the same circumstances, the reference is made correctly to <br /> Condition (B). Also, as a housekeeping matter, we request that the amending <br /> ordinance confirm the intent of Council Resolution 343-96 by deleting that portion of <br /> Condition (13)(2) which concerns bonding, Condition (B)(2)(i) and (ii) remain the same, <br /> and should be incorporated in Condition (B). <br /> <br /> "Second, we request an extension of time for a five-year period beginning on <br /> the effective date of the amending ordinance to comply with the requirements of <br /> Condition (B)(1) of Ordinance No. 95-70, which requires proof of an adequate water <br /> source for the development. <br /> <br /> "Third, we request that the time period to comply with the requirements of <br /> Condition (C), regarding the submission of plans for the proposed subdivision of the <br /> first increment of the development, be extended from three years to five years after <br /> compliance with the requirements of Condition (B)." Because of the depressed <br /> economy and budgetary constraints, Kealakekua Development Corporation has been <br /> experiencing problems complying with the current performance timetable in which to <br /> establish assurances for adequate water sources and, hence, the development of the <br /> project. <br /> <br /> Approval of this amendment request would not be contrary to the General Plan <br /> nor would it be contrary to the original reasons for granting the change of zone. The <br /> applicant has continually worked to secure the necessary approvals from the <br /> Department of Water Supply for the required water source, water transmission and <br />