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The Honorable J Yoshimoto, Chairman <br /> and Members of the County Council <br /> Page 2 <br /> The inability of the applicant to comply with Conditions B and C could not have <br /> been foreseen or are beyond the control of the applicant. In 2009, the previous applicant <br /> (Seawind Holdings, Inc.) had submitted plans for the development of the property; <br /> however, the request is still pending with this department. The current applicant has filed <br /> this amendment request for the development of the property. <br /> Since the granting of the original change of zone in 1998, there have been no <br /> changes to land use designations for the site. The GP LUPAG designates the area for <br /> industrial uses, and the existing MCX zoning for the property is consistent with the <br /> LUPAG designation for the area. All essential utilities and services are available to the <br /> site. Agencies had no comments or concerns regarding the request. <br /> Based on the above, the proposed amendment to Conditions B and C of Ordinance <br /> No. 06 144 is not contrary to the original reasons for the granting of the Change of Zone. <br /> The Planning Director recommends that Condition D be deleted primarily as a <br /> housekeeping measure, as landscaping requirements are required in Condition C and <br /> defined by Planning Department Rule No. 17. As proposed to be developed, the project <br /> will not trigger concurrency requirements. However, should another permitted use in the <br /> MCX zoned district be established, potential traffic impacts may need to be mitigated. <br /> Therefore, a new Condition H is proposed to require the applicant to submit a TIAR <br /> should the property be developed with a use that may generate over 50 peak hour trips a <br /> day. <br /> For your favorable consideration, an amendment to Ordinance No. 06 144 is transmitted. <br /> We are enclosing copies of the staff Background, Planning Director's Recommendation, and the <br /> Powerpoint presentation for your information. <br /> Since ely, /f <br /> Wallace A. Ishibashi, Jr., Chairman <br /> Windward Planning Commission <br /> Lwaterfallentertaimentrez898wpc2 <br /> Enclosures <br /> cc: Mr. Sidney Fuke <br /> Department of Public Works <br /> Department of Water Supply <br /> Department of Land &Natural Resources-HPD <br /> DOT-Highways, Honolulu <br /> William Brilhante, Esq., Corporation Counsel <br />