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May-It-o5 14:06 From-000DSILL ANDERSON +80H5476880 T-B 04 P 03 F-roe I tUUU~ILL t1,'VI~ERSON L,2C,'Q~I\ C>~ 3l [F1;'v A LIMITPp 1.1~61LrtY Ln W PAft71.~'4p,FIIP LLI' Pete Hoffman Cauncil Member, District 9 Hawaii County Council May 13, 2005 Page 2 failed to show that the conditions are related both in narure and extent to any impact of the requested extension, as required by Dolan y. City of Tigard, 512 U.S. 374, 391 (1994). Speeiflc (yb,~ections to Planning Commission's Recommendation Para r,ipa h~(Cotnmission 12ecotnmendation at n. 21 We object to deletion of existing laziguage regarding fulfillment o£ Waikolo&'s affordable housing requirements, and substitution of language regarding compliance with the requirements of Chapter 11, Article 1 of the Hawaii County Code relating to Affordable Housing Policy. Waikaloa 1-lighlands has never previously been subject to any affordable housing requirements under previous ordinances. As stated in an opinion from the Office of Corporation Counsel on June 3, 1994, a copy of which is enclosed, "...the Waikoloa Highlands does not have a housing condition as the change of zoning for the Highlands involved Agriculturally Zoned land which does not trigger a housing condition." S e a so the June 9, 1994 memo to Virginia Goldstein from Spencer Schutte with similar language, a copy of which is also enclosed. The new Affordabie Housing T'olicy is likewise not applicable to Waikoioa Highlands which is neither a "new rezoning" nor a prior rezoning action which contains affotdable housing conditions that have not been satisfied. ~ Section 1 ] -4, The previously rezoned Waikoloa Highlands has never been subject to affordable housing conditions and is therefore not subject to the new affordable housing requirements. Even though there was no previous affordable housing requirement for Waikoloa Highlands Subdivision 89-174, Waikoloa has donated 300 acres of land to the county for affordable housing. The County of Hawaii had an appraisal of this acreage in 1991 which showed a market value for that property of $3b,450,00Q a value that far exceeded the in litu fee under prior affordable pausing requirements, even assuming inclusion of a nonexistent in lieu £de for Waikoloa Highlands. As recognized in the MOA, "The County and TDC expect[ed] that the development of the 3Q0 acres will complement the development of the Highlands :Vtastez Plan."