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HAYASHI:Thank you, Mr. Chair, Members of the Commission. Since Item Nos. 2 <br />and 3 are related, for background purposes, I would like to consolidate the background, if it’s <br />okay with the Commission. <br />WATANABE:I don’t see any objection to that. <br />HAYASHI:And as far as the action, that would be taken separately by the Planning <br />Commission. <br />WATANABE:Agreed. <br />HAYASHI:Okay, first of all, the subject property is located by this orange dot and is <br />situated along the north side of Hualalai Road. This would be Hualalai Road hooking up with <br />the Queen Kaahumanu Highway. This is Kuakini Highway running towards Keauhou; and this <br />particular roadway is Alii Drive. So the property is indicated at this particular location. <br />There are two ordinances involved. First is Ordinance No. 95-118 which was adopted in April <br />1992. And that was to rezone the northern portion of the property; and that would be in this <br />general configuration from an Unplanned zoned district to a Multiple Residential-2.5 zoned <br />district, as well as 2.2 acres from RD or Residential Duplex-3,750 square feet to Village <br />Commercial-7.5. The original intent at that time was to construct a Commercial and Multiple <br />Family Residential project on the back portion or the northern side of the property in this general <br />configuration. <br />The other ordinance, Ordinance No. 90-010, involves 45,000 plus square feet of land and that is <br />in this general configuration. And the request was to rezone the property from Multiple Family <br />Residential-2,000 square foot to a Village Commercial-7,500 square foot zoned district. And <br />basically that was to construct an office building. <br />Since that time, the property was sold or turned over a number of occasions and Samson LLC <br />recently purchased the property back in February of 2005. They intend to construct a 146- <br />Multiple Residential unit project consisting of ten buildings two to three stories in height. There <br />are two conditions that reflected time performance for both ordinances. <br />For Ordinance No. 95-118, Condition D stated that they had to secure final plan approval within <br />a period of time; and also Condition E of Ordinance No. 95-118 stated that construction had to <br />commence by a period of time. <br />Ordinance No. 90-010 also had similar conditions. Condition B indicated they had to secure <br />final plan approval by a specified time and Condition C was to commence construction again by <br />a specified time. <br />The Planning Director, after reviewing the proposals to amend these conditions felt that since <br />these ordinances were adopted back in 1990 and since development plans have changed, and <br />have recommended approval of new conditions or revised conditions as submitted to all of you. <br />So based on that we are recommending approval of the amendment to Ordinance No. 95-118 and <br />Ordinance No. 90-010 with new conditions. And we recently submitted to you the green sheet, <br />and these were the latest changes to the initially proposed conditions. And Condition D <br />EXHIBIT B <br />2 <br /> <br />