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Although the Subdivision Code requirements had been complied with, the zoning conditions <br />required that final subdivision approval be secured by Apri125, 1999. <br />Therefore, OKT found itself in a situation where it had a Tentative Approval, but was not in <br />compliance with Condition C Ordinance No. 95-119. Accordingly, it had to amend the <br />requirements of Condition C before it could proceed with the development. <br />Revised Development Plan <br />OKT is proposing to revise its subdivision layout to provide its road, water and electrical <br />improvements within the adjacent road lot (TMK: 5-9-007: 002). Attached, please find the <br />conceptual subdivision map. Access to Lots 2-8 will be from the subdivision road. However, <br />because of the drainage way, access to Lot A is proposed to be from Ala Kahua Drive. The <br />proposed driveway would be near the top of Ala Kahua Drive. <br />Underground utilities, including electrical, telephone and CATV will be provided as part of the `~ <br />proposed improvements. In addition, utility stubouts will be provided to the adjacent lots to the' <br />mauka of the subject property to allow them to relocate their utility connections if they desire. <br />This will allow them to remove the power poles within their subdivision road (TMK: 5-9-007: <br />014). <br />Request <br />Ohana Kohala Trust is now in a position to actively proceed with the development of this <br />property. Accordingly, it is seeking an amendment to Condition C of Ordinance No. 95-119 to <br />comply with the performance requirements of the Zoning Ordinance. <br />In addition, in developing the subdivision plans, Ohana Kohala Trust has obtained approval froin <br />the owner of TMK: 7-9-07: 002 to utilize the 3.467 acre lot for access purposes. Accordingly, ', <br />the subdivision access road is proposed to be constructed within this lot. However, a drainage <br />way extends along the northern side of the property near the intersection with Ala Kahua Road; <br />The proposed access road will require a culvert at the crossing, which must be located where the <br />access for the lot fronting Ala Kahua Road is situated. Accordingly, there is no reasonable way <br />to provide access to proposed lot, unless it can obtain a driveway to Ala Kahua. <br />Furthermore, Ohana Kohala Trust understands that the County has been requiring compliance <br />the affordable housing policy as a condition to the granting of time extensions to comply with the <br />conditions of approval of Zoning Ordinances. The applicant is supportive of this requirement.; <br />In addition, Ohana Kohala Trust has no objections to paying its fair share contribution for roads, <br />parks, police, fire and solid waste facilities. ,1 <br />~II <br />1~I <br />