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<br /> subdivision process and creates unpredictability and financial uncertainties at the sub- <br /> <br /> division application process. In fact many projects secure financial commitments to go <br /> <br /> forward based on entitlements obtained at the State Land Use andlor County Re-zoning <br /> <br /> process. Developers, like Castle & Cooke, proceed with planning and design and <br /> <br /> financial proformas and analysis of planned communities based on land use and zoning <br /> <br /> entitlements and conditions and exactions imposed at that time. <br /> <br /> The following recaps the Wehilani project's support of housing opportunities for the local <br /> <br /> market in Waikoloa Village in reliance upon existing State land use and County zoning <br /> and ordinances: <br /> • In 19b9, County of Hawaii by Ordinance No. 291 granted zoning for a master <br /> planned community at Waikoloa Village, which includes 300 acres set aside for <br /> affordable housing, Ordinance No. 291 covers the land under our Wehilani <br /> project. <br /> • On August 24, 2004, Castle & Cooke Hawaii sent a letter to Mayor Harry Kim to <br /> voluntarily commit 49 affordable for-sale (100% to 140% AMI), multi-family <br /> units. We saw the need for affordable housing and we voluntarily satisfied it. In <br /> addition, we committed to building these units in the first phase of development to <br /> address the immediate affordable housing need. On September 17, 2005, Castle & <br /> Cooke received a letter from Mayor Harry Kim acknowledging the 49 affordable <br /> condos as "all the affordable units given to Hawaii's people voluntarily." As of <br /> today, 52% of the homes delivered at Wehilani have been these affordable units. <br /> • On September 2, 2004, the County of Hawaii granted our Planned Unit <br /> Development Permit No. 72 (PUD 04-02). The PUD Permit encompasses the <br /> development of the entire 256-acre parcel and allowed Castle & Cooke to <br /> incorporate amenities like landscaped streets, preservation of open space, a park, <br /> and a wide range of home offerings for Hawaii Island residents and not the resort <br /> market. As such, Castle & Cooke proceeded with the master planning of the <br /> entire community, with each phase being subject to final subdivision (per phase <br /> and market.) <br /> • Castle & Cooke has proceeded with planning, design and substantial investment <br /> in developing the Wehilani project in justifiable reliance upon existing State land <br /> use and County zoning and ordinances, including our agreement with the County <br /> embodied in our PUD Permit. We are not able to incorporate a new affordable <br /> housing requirement without substantially affecting the design and financial <br /> feasibility of this project. <br /> • The homes we are developing are not intended for the resort market or for second <br /> home buyers. Our purpose is to build for Hawaii families and to provide a wide <br /> range of housing opportunities for them; a blend of single family and multi-family <br /> homes intended to meet market demands that ultimately results in a highly livable <br /> community. <br /> • If Bill 112 new affordable exaction were interpreted to apply to the Wehilani <br /> project at this late date, it would render the project infeasible, and we would not <br /> be able to complete and supply remaining homes and subdivision commitments <br /> and improvements. It would place in jeopardy the planned county park, road <br /> extension to Hulu Street, and STOP the development of the remaining 481 homes. <br /> • Bill 112 STOPS the further development of Wehilani at Waikoloa. <br /> <br />