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which required compliance with the terms of the Rezoning Ordinance, including, but not limited to, the road condition M(1)(b) provided: "construct that portion of the connector road abutting the proposed subdivision in a manner meeting with the approval of the Department of Public Works." [March 22, 2005, Department of Planning: Luala'i III Tentative Plan Approval] The deadline for submission of the final application for Parker Ranch's Luala'i III subdivision was March 22, 2006. In late February 2006, unknown to the public, Parker Ranch and Schuler Homes were communicating with the Planning Department staff concerning whether Parker Ranch would be required to construct any of the Town Center Road in conjunction with the Luala'i III subdivision development. In response to questions by the staff at the Planning Department and Public Works Engineering Division, Akinaka & Associates (Engineering firm for Parker Ranch and/or Schuler Homes disputed the Town Center Road ordinance construction requirement. Thereafter, a planner within the County Planning Department, emailed back the terms of Condition M(1)(b) of Ordinance 02-25, and stated: So the ordinance does contain a provision for the construction of this section of the collector road adjacent to the Luala'i III project site, as well as related intersection improvements at its connection with Mamlahoa Highway. If the applicant's posion is to further defer these improvements until adjacent lands are further developed its something we can consider Secondly, someone has to brief us on the phasing of development within the Parker 2020 project site so that we can respond to questions like this. The Parker Land Trust should have a detailed scheduling program of infrastructure installation and phased development that would satisfy the timing requirements of the change of zone ordinance. Since that information was not disclosed to us, we are interpreting these requirements and simply triggering these required roadway improvements at its earliest point when demanded by the ordinance. (bold emphasis in the original) [Email dated February 22, 2006 from County of Hawaii Planning Department staff to Vice President at Akinaka & Associates Ltd. with copies to the Chris Yuen, Director of Planning and Sidney Fuke, who is Parker Ranch and Schuler Homes' Planning Consultant. Sidney Fuke is a former Director of the Planning Department.] A copy of this email is attached for your convenience: A-8. In late February 2006, a meeting was held at the County Planning Department, apparently to discuss Parker Ranch's proposal to ignore the "adjacent development" road trigger, in favor of only the "unit/count" road trigger, which, according to Parker Ranch would mean that the Luala'i III subdivision could be completed along the southerly section of the Town Road without triggering any requirement to construct any part of the Town Center Road. Actually even under the other applicable "unit/count" road trigger, Phase 1, the middle section of the Town Center Road from Kaomaloa Street to Pukalani 10