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Mr. Michael Yee, Director October 17,2018 Page 3 Kreations. The plan called for the installation of six(6)parking stalls and one(1)van accessible stall. Improvements were made to the structure. According to the then applicants' progress report, dated August 4, 2011 (Exhibit D—Annual Report), the following salient items were done: 1)paving of the parking area; 2)installation of the required landscaping; 3) submittal of the Solid Waste Management Plan and Emergency Response Plan; and 4) subdivision of the 5-foot wide road frontage. They requested and received an extension to July 2016 to complete the required off-site infrastructure (Conditions E and F). When the property was purchased in 2017 by the Applicant,its plan was to construct a new building rather than utilize the converted dwelling. That plan—as well as a possible successor—still remains. Notwithstanding the possible limitation of commercial uses being restricted to the existing dwelling,the need to timely address the off-site improvements was of greater concern. The Applicant thus had the construction plans prepared,but its governmental review and approval process took time,resulting in the plans being finally approved on September 14, 2018. (Exhibit E—Construction Plan Signed Title Sheet) While the Applicant is prepared to make the improvements immediately, it would not be reasonable or prudent for the Applicant to make them,knowing that there remains a cloud on the entitlement. And that is the basis for this request. IV. REZONING CONDITIONS As noted earlier,the subject area was initially rezoned(Ordinance No. 06 107) into the CN-20 district on July 17,2006, subject to a number of conditions. (Exhibit A) The pertinent conditions and their status follow: A. The applicant, its successors or assigns, shall be responsible for complying with all of the stated conditions of approval. The property is owned by Makalika 521, LLC. As such, it and/or its successors or assigns intend to assume the responsibility-of complying with all pertinent conditions and any amendments thereto of this rezoning ordinance. B. Conversion of the existing dwelling shall be completed within five (5)years from the effective date of this amendment. Prior to the construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structures,paved driveway access and