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FUKE: So this the area we are talking about is kind of like JI and J2 and L2. So you can see
<br /> Pukala Place, Puakala Place, rather; it's stopped short of the Mauna Lani boundary. So the
<br /> existing ordinance already provides for a north-south connection, so the idea is, okay, the
<br /> developer of, or the owner of that property, will be obligated to extend Puakala Place all the way
<br /> to the property line. And you can see like there is some, there is like an open space, you know,
<br /> like lava area between this property and Mauna Lani's property and also like the L2 area; so
<br /> there was also a condition that required that a minimum of lava area be kept, but when that
<br /> condition was imposed, it was done, you know, without the knowledge or without this
<br /> commitment to now construct this road through this area, so we are going to be losing, you
<br /> know, an area that's going to be natural lava. So what we are suggesting is that the area that we
<br /> are losing in the natural lava area, we are going to try to incorporate it within JI, J2 area, but in
<br /> the event we cannot, then we are going to lead into the L2 area. So definitely, we will maintain
<br /> essentially the concept of a lava barrier between the Mauna Lani area and the Waikoloa project.
<br /> So now, Tracie, can you put up the language then? So it would read as follows: "Puakala Place
<br /> shall be extended to the adjacent property to the north within the existing right-of-way easement,
<br /> which may be adjusted to accommodate topographic or development requirements. This
<br /> minimum resort standard road shall be constructed meeting with the approval of the Department
<br /> of Public Works and in conjunction with any development within the area requiring access from
<br /> Puakala Place, but in any event no later than completion of a road on the adjacent property to the
<br /> north." So what this means is that, you know, if this area gets developed by Hilton Grand
<br /> Vacation, then they are obligated to construct the road all the way to the property line; on the
<br /> other hand, if Hilton Grand Vacation does not develop the property but there is a road come in
<br /> on the side, then someone is going to be obligated to construct that road even there is no
<br /> development of the Hilton Grand Vacation property. So that's how this condition is written; one
<br /> way or the other, that road will be constructed. Now, because of the loss of the land area as a
<br /> result of, you know, having to construct this road that, you know, was overlooked—Tracie, can
<br /> you go to the other condition? So what we are now saying is that now, you know, after, you
<br /> know, based on that, then, Ann and her people went back again to kind of recalculate the
<br /> minimum acreage, so it was reduced by, what, two or three acres, so it says, "+/-nine acres
<br /> (including a minimum of six acres of natural lava,which may include portions of the RS-10
<br /> zoned area) shall be set aside for open space as natural or re-naturalized lava, as conceptually
<br /> represented in the Applicant's conceptual plans." So the underscored areas are all of the new
<br /> language. So again, this, this is designed primarily because of the changes we've had to make to
<br /> the other condition about punching the road through.
<br /> VITOUSEK: Can we go back to the previous slide? Thank you. So this is being attached only
<br /> to one of the rezone applications, is that correct?
<br /> FUKE: Yes, this, this would apply to Area A, the Hilton Grand Vacation area, yeah.
<br /> VITOUSEK: Under the current zoning, it applies to the entire area, correct?
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<br /> EXHIBIT D
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