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no increase in density on the subject properties until such time as the <br /> infrastructure on [Hualalai] Hualalai Road and [Mamalahoa] Mamalahoa <br /> Highway has been improved to an acceptable standard meeting with the approval <br /> of the [planning department] Planning Department and [department of public <br /> works] Department of Public Works. Once those conditions have been met, this <br /> covenant may be extinguished; <br /> J. [a ii] An annual progress report shall be submitted to the Planning Director prior to <br /> the anniversary date of the effective date of the change of zone. The report shall <br /> address the status of the development and the compliance with the conditions of <br /> approval. This condition shall remain in effect until all of the conditions of <br /> approval have been complied and the Planning Director acknowledges that further <br /> reports are not required; and, <br /> K. The 12 -foot wide trail running along the northern portion of the property <br /> shall not be disturbed nor blocked from traditional and customary pedestrian use. <br /> Furthermore, the minimum structural setback shall begin from the southern edge <br /> from the 12 -foot wide trail. <br /> L. If the applicant should require an additional extension of time, the Planning <br /> Director shall submit the applicant's request to the County Council for <br /> appropriate action. Further, should any of the conditions not be met or <br /> substantially complied with in a timely fashion, the Director may initiate rezoning <br /> of the area to its original or more appropriate designation." <br /> SECTION 2. Material to be deleted is bracketed and struck through and material to be <br /> added is underscored. <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> 5 <br />