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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 and by letter dated September 23, 2009, a two -year extension of time was granted for the filing of the final plat map. Subsequently, an additional four -year time extension to April 5, 2014 was granted to file the final plat map. Thus, the applicant has made a good faith effort in complying with conditions of Ordinance No. 07 127. Granting of the time extension would not be contrary to the General Plan or Zoning Code. When the original ordinance was approved in 1990, the project area was designated Extensive Agricultural under the 1989 General Plan LUPAG Map. The area was rezoned to Residential Agricultural 1 -acre (RA-1a) and Open to allow for the development of the Highlands Golf Estates, consisting of approximately 400 one -acre lots and a golf course. The plans for the golf course have been abandoned over community concerns. The 2005 General Plan designates the area as Rural and Open, reflecting the approved zoning. Therefore, the request would not be contrary to the changes within the 2005 General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawai`i (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area is "E ", or "Very Poor." From a land use perspective, it is a reasonable alternative to create a residential - agricultural subdivision on these non - productive lands within close proximity to Waikoloa Village. While the requested amendment to Condition B also includes the deletion of language tied into the submittal of plans for off-site roadway improvements and its phased implementation, the required off -site improvements to Waikoloa Road and its intersections with the subdivision access roads are still required as detailed within Condition C. The Department of Public Works expressed concern regarding the option of bonding the required off -site and intersection improvements to Waikoloa Road as required by Condition C to avoid potential conflicts with new lot owners attempting to occupy their homes. The requested amendment to Condition B eliminates the restriction that occupancy of homes be restricted until these off -site roadway improvements are complete. We support this amendment since it offers a reasonable option to the applicant that is afforded to any other subdivider to coordinate the construction of infrastructural improvements while accommodating the option of lot sales. Subdivision agreements and its associated surety are typically limited to a period of no more than a year since the intent of subdivision bonding is to allow for a reasonable deferral of subdivision improvements to accommodate advance lot sales. These subdivision agreements are not