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i i Planning Committee, County Council, County of Hawaii, c/o Ms. Ashley Kierkiewicz, Chairperson SUBJECT: SIERRA CLUB LETTER RE KUMU HOU AT WAIKOLOA March 1, 2022 Page 3 of 3 households earning no more than 120% of AMI. These representations have been offered in writing, in the draft condition presented to the Planning Committee. i I 4. Affordable housing condition—As noted, WLC has offered a condition to the rezoning of the Kumu Hou Project District (addressed by Bill 115), with intent to codify the number of units, their market orientation, and duration. The 2021 SMA approvals for this area require that occupancy permits for the affordable housing development must be obtained no later than an occupancy permit for any timeshare development within the Kumu Hou Project District. The newly proposed condition reiterates this. I 5. Encumbrance of contributions to the Waikoloa Foundation — WLC's draft condition pertaining to the Waikoloa Foundation requires that the applicant record a covenant at the State Bureau of Conveyances, that this covenant runs with the land, and ensures the contribution of a share of timeshare revenues derived from the Kumu Hou Project District. WLC and its legal counsel are aware of the Hokulia case, and will take steps to ensure that Kumu Hou Project District's condition can be fulfilled. j Moreover, in its draft condition,WLC has offered to allow the County to designate a share of such contributions to support affordable housing and/or tourism management initiatives at its discretion. 6. Conveyance of the Kings' Trail to NPS — As noted in its proposed new condition, the applicant is willing to offer at no cost any of its ownership of that portion of the King's Trail that bisects the Waikoloa Beach Resort to the appropriate entity of the State and/or Federal government. 7. Classification of 264 timeshare units (Bill 112)—Former County Planning Director Chris Yuen's October 11, 2007 letter clarified that timeshare units developed pursuant to existing residential zoning shall be considered residential and not resort units. 3 Thank you for allowing us to respond to the Sierra Club letter.I'd be pleased to address any further questions you or other Committee members may have on this topic, before or during the next i hearing on March 8th.