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<br /> Honorable James Y. Arakaki, Chairman <br /> <br /> and Members of the County Council <br /> <br /> Page 2 <br /> An amendment to Condition B will extend the time performance in which the <br /> required water commitment payment shall be submitted to the Department of Water <br /> Supply in accordance with its "Water Commitment Guidelines Policy" within ninety <br /> (90) days from the effective date of the amended change of zone ordinance. <br /> The amendment to Condition C will extend the time performance in which Final <br /> Subdivision Approval of the proposed subdivision within the subject property shall be <br /> secured from the Planning Director within five (5) years from the effective date of the <br /> amended change of zone ordinance. <br /> With respect to Conditions D and E, the applicant requests to delete the <br /> requirement for Final Plan Approval for the commercial development and construction <br /> of the commercial development. The applicant plans to subdivide the property and sell <br /> the lots. It has no plans to construct anything on the property. In their letter of <br /> June 19, 1998, to the Planning Director, the applicant has stated that "Part of the delay <br /> in initiating the development of this site was the need to resolve the archaeological <br /> features as well as the construction of Henry Street. Likewise, no Plan Approval for <br /> any portion of the property was submitted within a year of final subdivision approval, <br /> as the land was not subdivided. Similarly, no building permit for [he site was issued <br /> within a year of receipt of final Plan Approval. Plan Approval was required after <br /> receipt of final subdivision approval"... "Relative to future roadway connections to the <br /> Lono Kona Subdivision, the Department of Public Works deemed that the connections <br /> were not feasible." <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 /> amendment to Conditions B and C, and the deletion to Conditions D and E would not <br /> be contrary to the original reasons for granting the Change of Zone request. The <br /> request would be consistent with the Land Use Element of the General Plan which <br /> states "Designate and allocate lands in appropriate proportions and mix and in keeping <br /> with the social, cultural, and physical environments of the County" and to <br /> "...encourage the development and maintenance of communities meeting the needs of <br /> its residents in balance with the physical and social environment." <br /> Please be informed that the Planning Commission also concurred with the Planning Director's <br /> amendment to Conditions G and H, updating the name of the agency as Department of Land <br /> and Natural Resources -Historic Preservation Division. <br /> For your favorable consideration, an amendment to Ordinance No. 90-85 is transmitted. <br /> <br />