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Communication 981 <br /> <br /> Resolution 517-08 <br /> Page 2 of 3 <br /> park and recreational improvements and facilities as required in Condition "H(1)" of Change of <br /> Zone Ordinance No. 02-25 is $902,738.95. <br /> At the February 5, 2008 Planning Committee meeting, Robert M. Hunter, Ph.D., P.E. presented <br /> testimony at the Hilo Councilroom and commented regarding a question of timing and when <br /> Parker Trust should be given credit against its fair share obligation. Dr. Hunter felt that <br /> Resolution No. 517 was premature only in that regazd due to the legality of the fair share system <br /> and the State's requirement for an impact fee ordinance. Dr. Hunter also noted that Condition G <br /> failed to state whether Parker Trust is providing an "easement" especially since "fee simple" <br /> transfer of the land was envisioned. In addition, he stated Condition G states that park site(s) <br /> shall be dedicated to the County and, although not defined in the ordinance, there is a <br /> differentiation in the County Code between a "perpetual and everlasting easement" and <br /> "dedication in fee simple title or ownership." <br /> Council Chair Hoffmann stated that Condition G requires applicant to provide 30 acres of land <br /> which shall be dedicated to the County, however in another section, it talks about a public park <br /> easement. Mr. Hoffmann noted that there is a difference between a dedication of land versus a <br /> park easement and therefore Condition G and Condition M appear inconsistent. <br /> Director Yuen stated he believes an easement can be dedicated and need not be in transferred in <br /> fee simple and that the County's use of the trail can be obtained through an easement which need <br /> not be owned by the County in fee simple in order to allow the public's use. Chair Hoffmann <br /> requested Director Yuen to provide an explanation why "dedication" is referenced and included <br /> in the ordinance but now has a different connotation. <br /> Council Member Jacobson inquired whether or not it was too late to demand fee simple <br /> dedication since he did not favor easements that would result in continued control and be subject <br /> to the whims of private landowners. Mr. Jacobson also inquired whether Parker Trust would be <br /> responsible for maintenance of the easement and for paying property taxes. Director Yuen <br /> explained that fee simple ownership would create a sepazate trail lot comprised of various <br /> properties and require subdivision of all properties that cross the trail. Director Yuen stated he <br /> would address questions raised by Mr. Jacobson. <br /> Council Member Ford requested a better map of the stream area which Dr. Hunter stated was <br /> located within the 100 year flood plain. Ms. Ford also noted that Hawaii Revised Statutes <br /> requires a property owner to maintain streams and therefore noted that questions may arise if <br /> portions of the trail are located or cross the stream bed. <br /> Council Chair Hoffmann explained that out of the 30 acres, 8 acres is located along the stream <br /> and therefore one of the questions raised was that of value. Mr. Hoffmann said it was important <br /> to note and address the distinct differences between "dedication" and "easement" and whether or <br /> not if we agree to dedication of one, would it affect the other. Mr. Hoffmann also requested <br /> responses from Planning Director and Parks and Recreation regazding appraisals of the property. <br /> PC Report No. 67 <br /> 2 <br /> <br />