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TIME EXTENSION REQUEST AMENDMENT TO CONDITION B, ORDINANCE NO. 07 127 WAIKOLOA MAUKA, LLC WAIKOLOA, SOUTH KOHALA, HAWAII, TMK: 6 -8 -002: 016 I. BACKGROUND In 1990, the former owners of the subject property, Waikoloa Development Company, requested and received rezoning approval (Ordinance No. 90 160) for approximately 761 acres of land from Unplanned (U) and Multiple - family Residential (RM -1.5) to Residential - Agriculture (RA-1a) and Open (0). This action allowed the development of a golf course residential subdivision consisting of 398 1 -acre sized lots. The approval was subject to a number of conditions, including development timetable. In 1995, conditions B and C of Ordinance No. 90 160 were amended. The amendments (Ordinance No. 95 51) required that final subdivision approval of no less than 175 Tots be secured within a 5 -year period. It further required the construction of channelized improvements at the intersection of Waikoloa Road and Pua Melia Street/Paniolo Avenue before June 30, 1996, as well as the construction of traffic signalization improvements when the number of lots exceeded 350 or as may be required by the Department of Public Works. Pursuant to the above ordinance and its amendment, tentative subdivision approval was initially granted in 1993 and subsequently amended on March 3, 1994. The channelization improvements were completed in 1996. As allowed by the rezoning ordinance, an administrative time extension was granted by the Planning Director on May 9, 2000 to secure final subdivision approval. This extension was to March 21, 2005. On January 5, 2005, the former owner requested an amendment to Condition B of Ordinance No. 95 51 which would allow final subdivision approval to be secured before March 21, 2015. During the time the request was being considered by the County Council, Waikoloa Mauka, LLC ( "applicant') purchased the subject property on or about September 2005. The Council subsequently approved the request but added more conditions. One of these conditions required the affected area be reclassified into the State Land Use Rural district before final subdivision approval could be secured. A copy of this Ordinance No. 05 157 is found in Exhibit A. The applicant then proceeded to prepare an Environmental Impact Statement and submitted its request to reclassify the site into the State Planning Dept. Exhibit /