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ordinance for additional time to ultimately complete construction of the 450-unit <br /> multiple-family Royal Vistas development. This `soft-work' includes working with the <br /> Office of Housing and Community Development(OHCD) to satisfy the affordable <br /> housing obligations for both the existing 215-unit Kona Vistas subdivision as well as for <br /> the proposed 450-unit Royal Vistas multiple family residential project; working with the <br /> County Department of Public Works (DPW) and the Federal Emergency Management <br /> Area(FEMA)to address the management, design, and planning implementation of <br /> improvement to both the Horseshoe Bend and Holualoa drainageways bisecting and <br /> bordering the project site; the submittal of two (2)previous ordinance amendment <br /> requests to the Planning Department that were ultimately returned for additional <br /> information updating archaeological, cultural impact, biological (floral/faunal), drainage <br /> and traffic impact studies that would inform the development of an environmental <br /> assessment(EA) for the Royal Vistas project; preparing a final EA and securing a <br /> Finding of No Significant Impact(FONSI) for the proposed project; working with <br /> stakeholders to develop a proposed access and roadway system to best address <br /> anticipated traffic volumes and movements generated by the proposed project while <br /> meeting the requirements of the Kona Community Development Plan (KCDP); and <br /> submitting a third amendment request that is the subject of this recommendation. <br /> While the applicant purchased the subject properties with stale entitlements, they <br /> have been actively taking the extensive,necessary steps to ultimately develop the RM-5 <br /> zoned lands as anticipated by the original and successor ordinances. Based on the <br /> preceding,the Deputy Director has determined that the non-performance of required <br /> conditions of approval is the result of conditions that could not have been foreseen or are <br /> beyond the control of the applicant, and that are not the result of their fault or negligence. <br /> Granting of the amendments would not be contrary to the original reasons <br /> for granting the change of zone. Then landowner GAMLON Corporation secured a <br /> State Land Use (SLU) Boundary Amendment from an Agricultural to an Urban SLU <br /> designation in January,1984 via SLU Commission Docket A83-549, which is still an <br /> active decision and order(D&O) of the State LUC. As such, a condition of approval will <br /> require the applicant to comply with all conditions contained therein. <br /> 5 <br />