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r . Ms. Bobby Jean Leithead Todd Page 2 of 5 BACKGROUND: CHANGE OF ZONE ORDINANCE NO. 91-91, AMENDED BY ORDINANCE NO. 03-162 September 12, 1991 Ordinance No. 91 -90 was adopted amending the State Land Use Classification for one acre of land from Agricultural to Urban on TMK: 7 -6 -8: Portion of 10. Applicant: Desmond Twigg- Smith. September 12, 1992 Ordinance No. 91 -91 was adopted amending the County Zoning for one acre of land from Agricultural 1 -acre (A -la) to Village Commercial (CV -la) on TMK: 7 -6 -8: Portion of 10. A copy of Ordinance 91 -91 is attached as Appendix A. Applicant: Desmond Twigg -Smith The one -acre area is now identified as TMK: 7 -6 -8: Portion of 5 due to a consolidation/resubdivision action of various properties. December 19, 2003 Ordinance No. 03 -162 was adopted amending Ordinance No. 91- 91; specifically, by amending Condition B (secure final plan approval), deleting Condition C (commence and complete construction) and L (administrative time extension), and adding Condition K (trail). A copy of Ordinance No. 03 -162 is attached as Appendix B. Applicant: Puaanui Partnership. The intent of the amendment was to allow additional time to construct the proposed restaurant and related facilities. Construction was to have been completed by December 19, 2008. Condition B reads as follows: Construction of the proposed development shall be completed within five (5) years from the date of this amendment. Final Plan Approval by the Planning Director in accordance with the Zoning Code shall be secured by the applicant prior to the commencement of construction. Development plans shall identify existing and proposed structures, fire protection measures, paved driveway accesses and parking stalls and other improvements associated with the proposed use. Landscaping shall be included in the development plans to mitigate any potential adverse noise or visual impacts to adjacent properties in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements);