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3 AlI LNDMENT TO CONDITION B, ORDINANCE NO. 95 98 <br />RENAISSANCE DEVELOPMENT, LLC <br />KEA'AU, PUNA, HAWAII, TMK: 1 -6 -003: 010 <br />I. BACKGROUND <br />The subject area, consisting of 44.341 acres of land, was rezoned into the <br />Agricultural (A -1 a) district (Ord. No. 95 98) on August 23, 1995. A copy of <br />this ordinance is found in the attached Exhibit A. The rezoning was <br />intended to allow the development of a 35 -lot one -acre family - agricultural <br />subdivision. A 3+ acre portion of the subject property was issued a <br />Special Permit (SP 900) by the Planning Commission on April 26, 1995 for <br />a visitor center complex with an emphasis on cacao processing and <br />display area. This was the vision of the former owner /developer of the <br />site, Mr. Sheldon Zane of Zane Development Group, Inc. <br />In a letter, dated April 21, 2004, Mr. Zane informed the Planning Director <br />that the property was transferred to Royal Keaau Holdings, LLC in May of <br />2003. On behalf of the new company, Mr. Zane requested the <br />cancellation of the Special Permit and informed the Department of the new <br />company's plans to develop the property into 37 and not 35 one -acre lots. <br />(Exhibit B) The Planning Director, in a letter, dated June 25, 2004, <br />subsequently revoked the Special Permit. (Exhibit C) <br />Condition B of the rezoning ordinance (Exhibit A) required completion of <br />the subdivision within five (5) years of the effective date of the ordinance <br />or August 23, 2000. In a letter, dated September 23, 2002, the Planning <br />Director granted an extension to August 23, 2005, to secure final <br />subdivision approval. (Exhibit D) <br />On June 23, 2004, the Planning Director granted tentative subdivision <br />approval for a 37 -lot subdivision with conditions. (Exhibits E & F) One of <br />the conditions required compliance with the rezoning ordinance, including <br />matters like Fair Share contributions. <br />On or about April 2008, Renaissance Development, LLC (hereinafter <br />referred to as "applicant') acquired the subject property with the intention <br />of completing the proposed 1 -acre lot subdivision. Inasmuch as the <br />deadline for securing final subdivision approval has passed and the <br />proposed number of lots has exceeded the maximum of 36 Tots as <br />required by Condition B, the applicant is requesting its amendment. <br />Relatedly, because of the current economic malaise and the vagaries of <br />the real estate market, there is a chance that the entire subdivision may <br />