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<br /> Honorable James Y A~akski, Chairman <br /> and Members of the County Council <br /> County of Hawaii <br /> <br /> Page 2 <br /> <br /> February 1, 2001 <br /> designated in accordance with the proposed Arnanresort development master plan <br /> Further, the conditions have been crafted (the same as any other change of zone <br /> ordinances) to meet certain roquirements which re9ed the various development of the <br /> proposed project as wdl as address community concerns Therefore, it should be noted <br /> that the language of a few conditions refs to only specific zoned areas For example, <br /> Condition F, in part, refers to the V-18 coned area and states that the proposed <br /> Amanhideaway shall be constructed so that it would not be visible from the Waipio <br /> Valley Beach and the Waipio Valley Lookout Parlring Lot This condition, in essence, <br /> would not be applicable to this subject area On the other hand, whereas Condition H <br /> would be applicable as it refers to the renovation or other improvements to the plantation <br /> manager's house located on the subject area. <br /> Draft 3 of Bill No 16 now provides that "The Conditions curtained m Section 1 [should <br /> be Section 3] of Ordinance No. 94-63 shall not apply to properties covered by this <br /> Ordinance " <br /> Because most of the conditions of Ordinance 94-63 did attach to all parcels, this <br /> language, if approved, would shift the burden of a number of conditions of Ordinance 94- <br /> 63 to the owners of the remaining parcels, by exempting the present applicant <br /> To do so is the Council's prerogative if it wishes The Planning Director had a question <br /> about the possible unfairness of shifting those burdens entirely to the other owners, but it <br /> appears they have consented See attached letters The Council should not, however, <br /> delete or change any conditions of Ordinance No 94-63 which apply to the other parcels <br /> because those parcels have not been through the required process for amending <br /> conditions <br /> We have these comments about the proposed conditions If the present properties are <br /> exempted from the condkions of Ordinance No. 94-63, Condition H of that ordinance <br /> regarding the preservation of the plantation manager's house should be made a condition <br /> of this ordinance <br /> The applicant has represented that it will cap the development at 40 units, however, about <br /> 50 unite would be possible under the V-25 Zoning The 40.unit cap should be included <br /> as a condition <br /> <br />