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infrastructural improvements. No occupancy permit shall be issued until all of the <br />infrastructure improvements covered by the bond or surety have been constructed <br />and approved by the County." <br />The applicant requests that Condition B be amended as follows: <br />• "Final Subdivision Approval for not less than 50 lots shall be secured within five <br />(5) years of this new amendment, provided, however, that Final Subdivision <br />Approval for the entire project shall be secured within ten (10) years of this new <br />amendment." <br />(Exhibit 1- August 27, 2012 letter and attachments) <br />2. Reasons for Request: The applicant states that due to current market conditions, the <br />proposed subdivision could not be completed in the 5 -year period (until September 20, <br />2012) as stipulated in Ordinance No. 07 127. The project is proposed to be developed in <br />a minimum of eight (8) increments, with 50 lots proposed within five (5) years of this <br />amendment, with a 10 -year completion date for the entire project. <br />BACKGROUND INFORMATION <br />3. December 27, 1990: Effective date of Ordinance No. 90 160, which amended the <br />district classification of approximately 761 acres from Unplanned (U) and Multiple <br />Family Residential -1,500 square feet (RM -1.5) to a Residential and Agricultural -1 acre <br />(RA -la) and Open (0) zoned districts to allow the development of the Highlands Golf <br />Estates consisting of approximately 286 one to two -acre lots to be integrated within an <br />18 -hole golf course with clubhouse facilities. Future development included an additional <br />114 lots for a total of 400 lots. <br />4. March 21, 1995: Effective date of Ordinance No. 95 51, which amended Conditions B <br />and C of Ordinance No. 90 160. The amendments required Final Subdivision Approval <br />for not less than 175 lots to be secured within a five (5) year period and the construction <br />of channelized improvements at the intersection of Waikoloa Road and Pua Melia <br />Street/Paniolo Avenue before June 30, 1996, as well as the construction of traffic <br />signalization improvements when the number of lots exceeded 350 or as may be required <br />by the Department of Public Works. <br />-2- <br />