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B WaikMaukaAmc dbRBZ.doc- 10/30/l2 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT WAIKOLOA MAUKA, LLC AMENDMENT TO CONDITION B CHANGE OF ZONE ORDINANCE NO. 07127 (REZ 678) WAIKOLOA MAUKA, LLC requests an amendment to Condition B (Final Subdivision Approval) of Change of Zone Ordinance No. 07 127. The property, referred to as the proposed Waikoloa Highlands Subdivision, is located along the south side of Waikoloa Road and south - southeast of Waikoloa Village, Waikoloa, South Kohala, Hawaii, TMK: 6 -8 -2: 16. PROPOSED ACTION 1. Request: Amendment to Condition B (secure final subdivision approval) of Ordinance No. 07 127, effective September 20, 2007, which required that Final Subdivision Approval be secured within five (5) years from the effective date of the ordinance, or September 20, 2012. Condition B reads: • "Final Subdivision Approval shall be secured within five (5) years from the effective date of this new amendment. Plans for the off -site roadway improvements required in Condition C, shall be submitted no later than six months after a determination of the type of improvements (i.e., signalized or roundabout) is made by the Director of the Department of Public Works. The applicant shall install and dedicate the intersectional improvements required in Condition C prior to receipt of Final Subdivision Approval or sooner in the event the warrants for such installation are justified by the Director of Public Works. In lieu of actual construction of infrastructural improvements herein, the applicant may enter into an agreement with the County to assure the County that the infrastructure improvements will be constructed together with the appropriate bond, surety, or other security deemed acceptable to the Planning Director and the Corporation Counsel. Upon execution of such agreement and/or filing of the security with the County, final subdivision approval for the subject property or portions thereof shall be granted in lieu of the actual construction of required Attachment to: Ccrrm. 67 Bill 21