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BT&MPropertiesREZ524-REZ709.doc 11/26/18 <br />COUNTY OF IIAWAI`I PLANNING DEPARTMENT <br />]BACKGROUND REPORT <br />T & M PROPERTIES, LLC (formerly SAMSON, LLQ <br />AMENDMENT TO CHANGE OR ZONE ORDINANCE NOS. 09-049 and 09-050 <br />T & M PROPERTIES, LLC has submitted a request to amend Condition C (Complete <br />Construction), Condition D (Dedicate Road Widening Strip), Condition N (Fair Share <br />Contribution), and add a new condition to allow an administrative time extension, of 1) <br />Ordinance No. 09-049, which amended Ordinance No. 92-036, which reclassified 5.52 acres of <br />land from Unplanned (U) and Double -Family Residential - 3,750 square feet (RDL 3.75) to <br />Multiple -Family Residential - 2,500 square feet (RM -2.5) and Village Commercial — 7,500 <br />square feet (CV -7.5), and 2) Ordinance No. 09-050, which amended Ordinance No. 86-049, <br />which reclassified 1.04 acres of land from Multiple Family Residential - 2,000 square feet (RM - <br />2) to Village Commercial ( 7,500 square feet (CV -7.5). The subject property is located along the <br />north and east side of Hualalai Road, northwest of the Aloha Kona Subdivision, Hienaloli 4"', 5a' <br />and 6th, North Kona, Hawaii, TMK: 7-5-010:013 (fonnerly 7-5-023:064 and 067). <br />PROPOSED ACTION <br />1. Applicant's Request and Reasons: The subject property is a dual -zoned parcel with <br />approximately 3.227 acres zoned RM -2.5 and about 3.240 acres zoned CV -7.5. The <br />property is subject to two change of zone ordinances (Ord. 09-049 and 09-050) with <br />identical conditions of approval. The applicant requests to consolidate these ordinances <br />into one ordinance for ease of implementation -of the conditions of approval. The <br />applicant also requests the following specific amendments to the current conditions of <br />approval: <br />Condition "C: Request a 5 -year time extension to complete construction. Condition C of <br />Ordinance No. 09-049 and Condition C or Ordinance No. 09-050 state the same <br />following language: <br />"Construction of the proposed development shall be completed within five (5) <br />years from the, effective date of this additional amendment. Prior to construction, <br />-1- <br />