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• June 1, 2018 Paget • • Pursuant to Condition BB, the subject condition provides that an overall status report of the project be submitted to the Planning Department twenty (20) years from April 10, 1999 or the effective date of the PDO 99-42 (and thus is not due until April 10, 2019). Condition B of PDO 99-42 also provides that: "This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance." By virtue of the submission of this Overall Status Report at this time, the Parties are also requesting clarification from the Leeward Planning Commission and the County Council that the 20-year development period need not be the subject of a formal request for time extension of the "development period", as PDO 99-42 does not specifically establish a deadline to complete all development within 20 years, nor does it require the filing of a formal time extension to extend the development period. In the alternative, if the Leeward Planning Commission and/or County Council ultimately determine that a formal amendment to Condition B of PDO 99-42 is necessary, KD requests that these bodies take action on this formal amendment discussed in Section IV below. As we discussed with the Planning Department on numerous occasions, both Lot 4-A (Kaupulehu) and Lot 4-B (Hualal'ai Resort Expansion II) have been substantially developed over the past 18 years, with all spine infrastructure, community benefits and public access amenities • in place for many years. We have attached charts relating to development areas Lot 4-A and Lot 4-B (collectively the "Property"), which outline the various conditions of approval and the status of the Parties' respective compliance with the stated conditions of approval for their portion of the Property. The following sections provide a summary on the history of the entitlements for the Property (Section I), and report on Parties' development activities since the,effective date of PDO 99-42 (Sections II and III), the development plans for beyond 2019 (Section IV), the Parties' position on the development period prescribed under Condition B of PDO 99-42 (Section V), and in the alternative, a request for a 20-year time extension to the development period under Condition B, if the Leeward Planning Commission and County Council determine that the processing of a formal time extension is required (Section VI). I. ENTITLEMENTS HISTORY FOR LOT 4-A AND LOT 4-B On October 18, 2001,'the State Land Use Commission ("LUC") issued Findings of Fact, Conclusions of Law, and Decision and Order under Docket No. A93-701 ("Docket No. A93- 701"), which amended the district classification for a majority of Lot 4-A1 and all of Lot 4-B from the "Conservation District" to the "Urban Districti2. ' Approximately 37.064 acres within portions of TMK: (3)7-2-010:022 and 023 at Kaupulehu were left in the Conservation District, as this area comprises an existing archaeological preserve. 2 The original Findings of Fact, Conclusions of Law, and Decision and Order entered on June 17, 1996 were revised on October 18,2001 after the Supreme Court in Ka Pa'akai 0 Ka'Aina v. Land Use Commission, 94 Haw.31,46, 7 P.3d 1068, 1083 (2000),vacated the Commission's Decision and Order and remanded the case for the limited purpose of entering specific findings and conclusions regarding the rights P g g b g of native Hawaiians and valued native • 4821-7934-8826.6.060391-00002