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<br /> <br /> <br /> <br /> <br /> appears to now be required based on the following residential unit counts within the RS <br /> and RM zoned areas: Luala'i subdivisions 1,11, and III total 218 residential units, and the <br /> Luala'i Planned Unit Development has 92 approved units, for a total of 310 units. Under <br /> the second "unit/count" road trigger criteria, Phase 1 of this road will now be required. <br /> Inclusion of the existing forty-four Holoholoku residential units along Phase 1 and 2 of <br /> the would bring this residential total to 354 units. <br /> <br /> In early March, 2006,1 inquired of a Parker Ranch representative, how Parker <br /> Ranch was going to get around constructing some portion of the Town Center Road, at <br /> least the section within the preliminary plan project site according to the Luala'i III <br /> Preliminary Plan approval dated March 22, 2005. The Parker Ranch representative <br /> advised that the language in the Preliminary Plan approval was merely an abbreviation of <br /> the terms of the Ordinance and that the language of the Rezoning Ordinance controls. <br /> We then read the rezoning ordinance together. I pointed out that the relevant condition <br /> M(1)(b) in the ordinance was highlighted in his copy of the ordinance EXCEPT for the <br /> portion setting out the primary road trigger that requires construction of the relevant road <br /> phase "in conjunction with development in immediately surrounding areas". He replied <br /> that the Planning Department was going along with his interpretation. <br /> <br /> Immediately thereafter, I checked with the Planning Department about the status <br /> of the Luala'i 3 subdivision. I learned that the Planning Department had not in fact <br /> issued the final approval for the Luala'i III subdivision-at least not yet. I stressed to the <br /> County planner that the Planning Director is not at liberty to simply ignore a key <br /> provision in the Rezoning ordinance. The planner said he would bring this issue to the <br /> attention of the Planning Director. Subsequently I received a letter from Mayor Harry <br /> Kim, in appreciation for bringing the situation of Parker Ranch's obligation to the <br /> attention of the Planning Department. I was informed that the Mayor's office is now <br /> working with Parker Ranch on this subdivision application. <br /> <br /> To date, at least according to the Planning Department's Luala'i III subdivision <br /> file, the County has yet to approve or deny, the final subdivision application for Parker <br /> Ranch's Luala'i III subdivision. Actually, based on the Planning Department records that <br /> are available to the public, there is no indication that Parker Ranch has even requested <br /> final subdivision approval for Luala'i III -although the deadline to do so was March 22, <br /> 2006. <br /> <br /> The County's 10 Million Dollar Bond Fund and Parker Ranch's Requests for the <br /> County to Construct/Pay for the Town Center Road <br /> In 2004, then County Councilman Leningrad Elarionoff secured 10 million <br /> dollars to use for the County's section of the Mini-bypass connector road from <br /> Mamalahoa Highway to Kawaihae Road, to provide "an alternative route to the <br /> intersection of Lindsey Road and Mamalahoa Highway in Waimea" (the cost of which <br /> connector road was then estimated to be close to 10 million dollars). The Public Works <br /> Department proceeded to implement that plan and arranged for the required <br /> environmental study to be carried out by Belt Collins Ltd. at a cost of $400,000. <br /> However, in 2005, considering that Parker Ranch had no plans to proceed with the Town <br /> <br /> <br /> 11 <br />