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HomeMy WebLinkAboutCOM 0199.003 2002-2004 J,~TV os ~~kt ~o; ~ i~ Harry Kim Christopher 7. Yuen Maynr ~ • Direcmr ~J ~~f Yf •M~'i1 Roy R. Takemoto Deyury Direcror l'LII1xYT~~1 U~ ZI~2Xtt PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 Hi]o, Hawaii 96720-31M3 (808)961-8288 Fax(808)961-8742 Apri17, 2004 Mr. Robert Stuit 1250 Oceanside Partners 78-6831 Alii Drive #K15 Kailua-Kona, HI 96740-2440 Dear Mr. Stuit: Change of Zone Ordinance No. 97-36 (REZ 846) Condition No. Q Applicant: 1250 Oceanside Partners Subject: 2004 Annual Progress Report Tax Map Ker 8-1-004: Portion of 003 This is to acknowledge receipt of your detailed annual progress report relating to the Member's Lodge at Hokulia dated March l2, 2004 as required under the above referenced rezoning ordinances. Thank you for your attention to this matter. The report will be forwarded to the County Council and the Planning Commission for their reference. We look forward to the submittal of your next annual progress report on or before March 13, 2005. If you have and questions, please feel free to contact Jeff Darrow of our office at 961-8288. Sincerely, CHRISTOPHEItIJ. YUEN Planning Director JWDamn P AW P W IN60UEFFVLettersVAnnual ReporLS~Loceanside1250REZ846APR2004.doc xc w/report: °Hawaii County Council Planning Commission Planning Dept. -Kona Comm. Na~q~_ Ref. To:_ Ref. Date AP x P ~q Yl r i March 12, 2004 L - Mr. Christopher J. Yuen, Planning Director County of Hawaii Planning Department Aupuni Center, Suite 3 101 Pauahi Street Hilo, Hawaii 96720 Re: 2004 Annual Progress Report Change of Zone Ordinance No. 97-36 Condition No. Q -Annual Report Condition Member's Lodge Hokuli'a (The Villages at Hokukano) Tax Map Key: S-i-004: portion of 003 Dear Mr. Yuen: I am pleased to submit the following progress report For the Change of Zone Ordinance 97-36 ("Ordinance") relating to the Lodge ("Project") at Hokuli'a. This report will indicate the status of the Project and compliance with the conditions of approval for the Ordinance, which changed the zoning designation of 14.85 acres from Agriculture (A1-a) to Resort (V-6.0). Plamting Commission on May Soh, 2000. In As you know, in a letter dated February 28, 2002 from your office, we were granted an administrative time extension of compliance for all conditions of approval for the above-referenced Change of Zone Ordinance until March 13, 2007. We fully appreciate your favorable consideration for our ongoing efforts in proceeding to comply with the approved conditions of approval. Therefore, while we have additional time to comply with the conditions of approval, we would like to give you a brief overview of where eve are on the Project and how we are proceeding with complying with the conditions of approval of Change of Zone Ordinance No. 97-36. Members' Lodge We have conducted various architectural and platming studies For the lodge facilities, its development, phasing and scheduling. SMA Permit No. 403 for the facility was approved by the December of 2001, we submitted an application for Final Plan Approval to the Planning Department. An administrative time extension was granted by the Planning Director on February 28, 2002, to comply with all conditions of approval of Change of Zone Ordinance No. 97-36 by March 13, 2007. However, the Member's Lodge was the subject of litigation and the ~ ' ~ _ _ _ in P!' ~ ,f'k1f~. Mr. Christopher J. Yuen, Planning Director March 12, 2004 Page 2 Circuit Court has ruled that the zoning for the Member's Lodge was invalid as "spot zoning" and hence the underlying Ordinance approving the Members Lodge was invalidated. This matter is or will be the subject of a pending appeal. Golf Course The Golf Course was opened in July of 2002. Detailed compliance with the conditions of approval of Use Permit No. 115 and SMA Permit No. 345 for the golf course will be provided in the October 2004 annual reports for these permits. In the recent litigation in the Third Circuit Court, the Court confirmed that the golf course was a permitted use in the agricultural district and has allowed the golf course to remain open, as such we will continue to monitor the golf course. Archaeology Oceanside obtained approval from SHPD on September 7, 1999 and September 15, 1999 of the Archaeological Mitigation Plan that includes a data recovery plan, an interim protection/preservation plan, interpretive plan and a monitoring plan. We are currently in the process of preparing the final Preservation Plan in consultation with DLNR and Hawaiian community organizations. As required by the terms of the land use entitlements for the Project, approved mitigation measures are being implemented prior to or in conjunction with land alteration on the property. In addition, the Circuit Court ordered Oceanside to submit another Burial Treatment Plan to the Hawaii Island Burial Council relating to a number of "inadvertent" burial sites discovered during archaeological "sweeps" of the property. While Oceanside does not agree with the court's ruling and intends to appeal, we have submitted the new Burial Treatment Plan to the DLNR on January 16, 2003. Mamalahoa Highway Bypass The Mamalahoa Highway Bypass was in part, designed to address existing traffic conditions in the area and to provide an alternative route for interregional traffic between North and South Kona in support of the County's long-range traffic plan. The Draft Environmental Impact Statement Final Environmental Impact Statement (DEI and FEIS) were both approved and accepted by Department of Public Works. Construction of the By-Pass Highway was commenced in January 2001 and continued during the past year. However, the Third Circuit Court in September 2003, ruled tha the entire project did not conform to the requirements contained in Chapter 205 of the Hawaii Revised Statutes and all construction of the By-Pass Highway has been halted, pending resolution of the land use litigation. Subdivision and Final Plan Approval The completion of Phase I subdivision improvements are currently on-hold including all of the underground utilities and roadway improvements. On December 1, 2000, the County issued Final Subdivision Approval for Phase 2 that includes 98 lots plus roadways and easements for the second increment of the residential/agricultural lots in the project. In September, 2003, the Third Circuit Court rules that the project as it was then constituted required Land Use Mr. Christopher J. Yuen, Planning Director March 12, 2004 Page 3 Commission approval. The subdivision ordinances were not deemed to be void by the Court and presumably are still in force and effect. To the extent that the Court's ruling on the land use creates an ambiguity as to the current status of the subdivision and the subdivided lots, Oceanside disagrees and intends to appeal. Special Management Area Oceanside submitted an SMA Permit to the County for the Lodge and its related uses on January lµ, 2000, and hearings and action. The Planning Commission approved SMA Use Permit No. 403 to allow for the development of an 80-unit private members lodge, related onsite and infrastructure improvements and other related improvements on May 5, 2000, with 12 conditions of approval. No further action has be taken on this Permit as the Third Circuit Court has declared the zoning for the Member's Lodge to have been defective and the use not permitted. Coastline Park Oceanside obtained approval of the Public Access and Shoreline Management Plan on January 29, 1999. This plan addresses the public access areas, perpetual access covenants, archaeology, marine resources and related improvement measures. Details of the provisions for historical sites were developed and will be implemented as part of the comprehensive archaeological mitigation plan that was approved by SHPD on September 7, 1999 and September 15, 1999. We are in the process of completing an Archaeology Inventory Survey for the State Parcel at Hokukano Village. In addition, Oceanside obtained approval of both the CDUA HA-2977 and SMA Permit No. 401 that outline the proposed facilities to be developed in the Coastline Park. We are in the process of preparing the necessary documents as required and anticipate the preparation of construction plans as required by the conditions of approval of both permits to ensure that they are complied with. The annual report required by SMA Permit No. 401 will provide greater detail of our progress on this component of the Project. The first phase of the coastline park with the required public parking stalls was opened on August 1, 2002. The Third Circuit Court litigation has allowed continued development of the Coastline park, but mled that the project requires Land Use Commission approval. To that extent, no new construction will be conducted on the Coastline Park pending resolution of the land use litigation. Employee Housing We believe that, in addition to fully meet the requirements of Condition M of Ordinance 97-36 and the County Affordable Housing Policy, the proposed program will provide meaningful benefits to those Hokulia Lodge employees seeking to move toward home ownership. Condition M of Ordinance 97-36 was fulfilled with the execution of the "Agreement" between 1250 Oceanside Partners and the County of Hawaii, by the adoption of the "Agreement" dated August 29, 2002 by the Mayor's office pursuant to the County Council's Resolution No. 183-02 dated April 3, 2002. Mr. Christopher 7. Yuen, Planning Director March 12, 2004 Page 4 Other items There are no other items to report that affect the status of the Project or the Bypass Highway as it relates to the terms of the ordinance. However, as you are aware the Third Circuit Court has ruled that the project does not comply with Chapter 205 of the Hawaii Revised Statutes. Oceanside 1250 intends to meet all of the terms and comply with all of the conditions that are specified with the Ordinance. However, with the current status of the Court rulings resulting from the orders and judgements issued in the land use litigation in the Third Circuit, there is a limited ability on the part of Oceanside 1250 to sensure that all of the conditions set forth in the Ordinance are met in a timely manner. Oceanside 1250 will attempt to use all of its energies and resources to meet any and all of the requirements set forth in the Ordinance with the County. If Oceanside 1250 recognizes, from time to time, that certain challenges exist to prevent the full satisfaction of any of the terms and conditions of the Ordinance, we will notify you in advance so we can come to a mutual resolution of any such potential challenges. To date, however, we believe that this letter and the actions described herein constitute full compliance with all of the terms and conditions contained in the Ordinance and that Oceanside 1250 is in good standing under its obligations. Annual Progress Report For our reference, we have attached the matrix chart for Change of Zone Ordinance No. 97-36 that indicate the status and compliance with each condition for the Change of Zone. I trust the above provides a useful description of the status of development and compliance with the conditions of approval for the subject Ordinance. Should you have any questions regarding this report, or if you require further information regarding the Project, please contact me at (808) 324-4212. Sincerely, OCEANSID 250 Robert A. Stuit Vice President, Development Enclosure: cc: County of Hawaii Planning Department, Kona Office 4813-4798-0544. LOS 1730-00014 Hokuli a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 1997) Change of Zone Ord. Na. 97-36 (Effective Date: March 13,1997) (A-1 a to V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 1 of 9 Ord. Condition Status Date of Compliance Condition No. Ord. 97-36 A. The applicant, its successors or assigns shall be responsible for complying with On-Going Hokuli'a agrees that it will comply with all stated all of the stated conditions of approval. conditions of approval. Ord. 97-36 B. The effectuation of the water commitment rights and water commitment rights Complied Water commitment payment to DWS made on 1 in the Kealakekua Source Agreement to the current landowners of the subject March 17, 1995. Hokuli'a will comply with this area with acceptance of the prevailing facilities charge by the Department of requirement. Water Supply of the required water commitment payment shall be in accordance with its "Water Commitment Policy" prior to the issuance of Final Plan A proval. Ord. 97-36 C. Subdivision plans for any portion of the subject azea shall be submitted to the On-Going March 13, 2007 per Planning Department Planning Director and Final Subdivision Approval secured within five (5) yeazs administrative time extension letter dated 2-2R- from the effective date of this ordinance. 2002. Hokuli'a will comply with this requirement. Ord. 97-36 D. Final Plan Approval for the proposed development within the subject area shall In Process Mazch 13, 2007 per Planning Department be secured within five (5) years from the effective date of this ordinance. administrative time extension letter dated 2-28- 2002. Hokuli'a will comply with this requirement. Ord. 97-36 E. A wastewater disposal system for the subject area shall be constmcted in a In Process Wastewater disposal system was bonded as part manner meeting with the approval of the State Deparhnent of Health and/or the of subdivision improvements for Phase 1 and 2 of Department of Public Works, whichever, is applicable. Hokuli a are currently under constmction Hokuli'a will comply with this requirement. Ord. 97-36 F. All electrical and communication utility lines shall be placed underground. In Process Utility improvements for Phase 1 and 2 were bonded and are currently under constmction. Hokuli'a will comply with this requirement. Hokuli' a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 1997) Change of Zone Ord. No. 97-36 (Effective Date: March 13, 1997) (A-1 a to V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 2 of 9 Ord. Condition Status Date of Compliance Condition No. Ord. 97-36 G. A flood study of the subject azea shall be submitted to the Planning Director in In Process 1. Flood and Drainage Study for Phase 1 and 2 conjunction with plans submitted for subdivision or plan approval review, areas were submitted August 4, 1999. whichever occurs first, for any portion of the 14.8-acre area. Drainage 2. Final Approval on 9/12/99. improvements shall be constructed meeting with the approval of the Department March 13, 2007 per Planning Department of Public Works, prior to the issuance of Final Subdivision Approval or Plan administrative time extension letter dated 2-28- Approval for [he subject azea. 2002. Hokuli'a will comply with this requirement. Ord. 97-36 H. An Archaeological Mitigation and Interpretation Plan shall be prepazed and On-Going 1. Letters dated 8/4/99 and 9/15/99 from SHPD submitted for approval by the Planning Director in consultation with approved the Data Recovery Plan and the Department of Land and Natural Resources-Historic Preservation Division and Preservation and Interpretive and Monitoring ~ Hawaiian community organizations, prior to submitting plans for subdivision or Plans, respectively Hokuli'a will comply plan approval review, whichever occurs fast. The Plan shall consist of three with this requirement. subplans: (1) an azchaeological data recovery plan for the sites to undergo data recovery; (2) a detailed interim protection preservation plan for the sites to undergo preservation; and j (3) an interpretation plan which shall include buffer zones, signage and long- i range preservation concerns which maybe submitted at a later date. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations within the subject azea. I Ord. 97-36 I. Should any unidentified sites or remains such as artifacts, shall, bone, or On-Going Hokuli'a will comply with this requirement. charcoal deposits, human burials, rock or coral alignments, pavings or walls be encountered, work in the immediate azea shall cease and the Depatment of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when the DLNR-HPD finds that sufficient miti alive measures have been taken. J Hokuli'a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 1997) Change of Zone Ord. No. 97-36 (Effective Date: March 13, 1997) (A-1 a to V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 3 of 9 Ord. Condition Status Date of Com Rance Condition P No. Ord. 97-36 J. A Solid Waste Management Plan shall be prepared meeting with the approval of Complied 1. Solid Waste Management Plan approved by the Department of Public Works prior to submitting plans for subdivision or DPW on 10/31/00. Hokuli'a will comply with plan approval review, whichever occurs fast. The Plan shall include, but not be this requirement. limited to, the management of constntction solid waste as well as operating and domestic solid waste generated by the proposed development within the subject area. Approved recommendations and mitigation measures shall be implemented meeting with the approval of the Department of Public Works. Hokuli a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 1997) Change of Zone Ord. No. 97-36 (Effective Date: March 13, 1997) (A-1 a to V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 4 of 9 Ord. Condition Status Date of Compliance Condition No. i Ord 97-36 K. Access(es) to the subject area shall be considered meeting with the approval of Complied Haleki'i Street intersection improvements at the Department of Public Works. The following roadway improvements Mamalahoa Highway were completed and in between Haleki'i street and [he 14.8 acre subject area shall be completed in operation as of January 11, 1999. conjunction with the issuance of a certificate of occupancy for any development These improvements were bonded as part of within the subject area: Phase I in accordance with Section 23-81 of the (I) the channelization and signalization of the project site's Mamalahoa Subdivision Code and Paragraph 13 of Highway-Haleki'i Sheet intersection; Development Agreement No. 1. (2) the extension of Haleki'i Street shall be constmcted as an arterial along its Hokuli'a will comply with this requirement. general mauka-makai alignment, as shown on Exhibit "B", which phasing of improvements shall be approved by the Department of Public Works. If, before the completion and opening of the entire Mamalahoa Highway Bypass, a portion of said bypass is completed and opened, and said portion provides a connection to Haleki'i Street, a barricade or breakaway gate meeting with the requirements of the Department of Public Works, shall be installed by the applicant as part of the required Haleki'i Street improvements. The purpose of this condition is to prevent the use of Haleki'i Street as a vehicular thoroughfare between the existing Mamalahoa Highway and a portion of the Mamalahoa Highway Bypass until the entire proposed Mamalahoa Highway Bypass between the approximate vicinity of Keauhou and Captain Cook has been completed and opened for general public use; subject area. (3) the roadway segment from the Haleki'i Street extension to the subject area shall be constmcted prior to the certificate of occupancy for any development within the 14.8 acre subject area. HokulCa State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13,1997) Change of Zone Ord. No. 97-36 (Effective Date: March 13, 1997) (A-la to V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 5 of 9 Ord. Condition Status Date of Com lance Condition P No. Also, the Mamalahoa Highway Bypass shall be constmcted in its entirety Complied These improvements were bonded as part of i between the approximate vicinity of Keauhou and Captain Cook, consisting of Phase I in accordance with Section 23-81 of the I two lanes with sufficient right-of--way for a total of four lanes, provided further, Subdivision Code and Paragraph 13 of that the section of the Mamalahoa Highway Bypass between Keauhou and Development Agreement No. 1. Hokuli'a will Haleki'i Street shall be completed and available for public use prior to the comply with this requirement. issuance of a certificate of occupancy of the proposed development within the sub ect area. Ord. 97-36 L. Infrastructural improvements as required under Conditions C, E, F, G, J, and K Complied Improvements were bonded as part of Phase I shall not prohibit the applicant from participating in a Development Agreement and 2 of Final Subdivision approval No. 7168 on or any other agreement together with the appropriate bond, surety or other September 18, 1999. Hokuli'a will comply with security deemed acceptable by the Platming Drector, appropriate agencies or this requirement. the County Council, whichever is applicable, to ensure the provisions of necessary infrastmctural improvements to support the proposed development in a timel manner. Ord. 97-36 M. The applicant shall establish a program for employee housing which shall be Complied 1. Employee housing program and plan submitted for the review and approval of the Planning Director and Housing approval plans submitted to Planning Agency together with the submittal of plans for Plan Approval for the proposed Department and Housing Agency on May lodge. The program shall include provisions for on-site or off-site housing for 10, 2000 and County Council deferred on the employees of the lodge in an amount to be determined by a study of November 1 S, 2000. ~ surrounding housing opportunities and employee needs. This program may 2. County Council Resolution No. 183-03 also include consideration for other alternatives such as rental housing subsidies approved on Apri13, 2002. or housing allowances. The approval of the program shall be secured prior to 3. Agreement between 1250 Oceanside the issuance of a certificate of occupancy of the lodge within the subject area. Partners and the County of Hawaii approved by the Mayor on August 29, 2002. 4. March 13, 2007 per Planning Department administrative time extension letter dated 2- 28-2002. Hokuli'a will comply with this requirement. Hokuli' a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urbau) (Effective Date March 13,1997) Change of Zane Ord. Na. 97-36 (Effective Date: March 13, 1997) (A-1 a to V-6.0 -14.854 acres) Tax Map Key: 8-I-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 6 of 9 Ord. Condition Status Date of Com Itance Condition P No. Ord. 97-36 N. The applicant shall make its fair share contribution to mitigate the potential On-Going 1. March 13, 2007 per Planning Department impacts of the proposed development within the subject area with respect to administrative time extension letter dated 2-28- parks and recreation, fve, solid waste disposal facilities and roads. The amount 2002. Hokuli'a will comply with this of the fair share contribution shall be the sum which is the product of requirement. multiplying the number of units proposed to be developed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final plan approval or final subdivision approval, whichever occurs first, for any portion of the subject area or its increments. If the subject azea is developed in two or more increments, the amount of the fair shaze contribution due and payable prior to final plan approval of each increment shall be a sum calculated in the same rnanner according to the number of proposed units in each such increment. The fair share contribution may be in a fonn of cash, land, facilities, or any combination thereof acceptable to the Planning Director in consultation with the affected agencies. The Fair share contribution shall have a maximum combined value of $7,965.90 per resort unit. Based upon the applicant's representation of intent to develop up to 80 units, the indicated total fair share contribution is $637,272.00. However, the total amount shall be increased or reduced in proportion with the actual number of lots/units according to [he calculation and payment provisions set forth in this Condition N. The fair shaze contribution shall be allocated as follows: 1. $1,942.74 per resort unit for an indicated total of $155,419.20 to the County to support park and recreational improvements and facilities; 2. $87.99 per resort unit or an indicated total of $7,039.20 to the County to support fve facilities. 3. $43.02 per resort unit or an indicated total of $3,441.60 to the County to support solid waste facilities; 4. $5,892.15 per resort unit or an indicated total of $471, 372.00 to the State or County to su ort road and traffic im rovements. Hokulf a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 1997) Change of Zone Ord. No. 97-36 (Effective Date: March 13,1997) (A-la to V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion oC 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 7 of 9 Ord. Condition Status Date of Compliance Conditiou No. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HOPI). In lieu of paying the fair share contribution, the applicant may constmct and contribute land, improvements/facilities related to parks and recreation, fire, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the Planning Director. The cost of ! constructin the i ~ g mprovements and the fair market value of land contributed required in Condition K shall be credited against the sum specified in Condition N(4) for road and traffic improvements. For purposes of administering Condition N, the fair mazket value of land contributed or the cost of any improvements required or made in lieu of the fair shaze contribution shall be subject to the review and approval of the Planning Director, upon consultation with the appropriate agencies. Ord. 97-36 O. Comply with all applicable laws, rules, regulations and requirements, including On-Going Hokuli'a will comply with this requirement. those of the Department of Health, Fire Department and the Department of Water Supply. Ord. 97-36 P. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria On-Going Hokuli'a will comply with this requirement. for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towazd the requirements of the Unified Impact Fee Ordinance. Hokuli'a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 199'n Change of Zone Ord. No. 97-36 (Effective Date: March 13, 1997) (A-1 a [o V-6.0 -14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 8 of 9 Ord. Condition Status Date of Compliance Condition No. Ord. 97-36 Q. An annual progress report shall be submitted to the Planning Director prior to On-Going 1. 1998 annual report submitted on March 5, each anniversary date of the approval of this change of zone. The report shall 1998. address in detail the status of the development and the compliance with the 2. 1999 aanual report submitted on March 12, conditions of approval This condition shall remain in effect until all of the 1999. conditions of approval have been complied with and the Planning Director 3. PD acknowledge submittal on 4/22/99 acknowledges that further reports are not required. 4. 2000 aanual report submitted on March I5, 2000. 5. 2001 annual report submitted. 6. 2002 annual report submitted on March 28, 2002. 7. 2003 aanual report submitted on March 13, 2003. ~ 8. 2004 annual report submitted on March 13, 2004. Ord. 97-36 R. An initial extension of time for the performance of conditions within the On-Going 1. March 13, 2007 per Planning Department ordinance, with the exception of Condition B, may be granted by the Planning administrative time extension letter dated 2-28- Director upon the following circumstances: 2002. (1) The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that is not the result of their fault or negligence. (2) Granting of the time extension would not be contrary to the General Plan or Zoning Code. (3)Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. (4) The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year maybe extended for up to one additional year). Hokuli'a State Land Use District Boundary Amendment Ord. No. 97-35 (Agricultural to Urban) (Effective Date March 13, 1997) Change of Zone Ord. No. 97-36 (Effective Date: March 13,1997) (A-la to V-6.0 - 14.854 acres) Tax Map Key: 8-1-004: portion of 003 Members Lodge and Related Improvements 2004 Annual Report Matrix Page 9 of 9 _ _ _ . Ord. Condition Status Date of Compliance Condition No. _ Ord. 97-36 S. Should any of the conditions not be met or substantially complied within a On-Going Hokuli'a will comply with all conditions of timely fashion, the Director may initiate rezoning of the subject area to its approval. original or more a pro riate designation. 4826-01923328.1.051730-00014