2021-12-16 Leeward Exh D (Items 1 thru 6)

Home

VITOUSEK: So I think there is a problem here then because of the fact that Hilton Grand is not here at the Planning Commission applying for any of this. Don't you see that as being an issue that— FUKE: hatFUKE: Well, I guess, I guess I would ask you this: What is the objective? What is the objective you are trying to reach? VITOUSEK: Connectivity between the two resorts. FUKE: Okay. Does this achieve that? Does this language achieve that objective? VITOUSEK: I don't know that it does because it ties it to something with no timetable. So we have that language there now requiring it that's been on the books since 1991, and there is no connection, so it seems to me that there is an incentive not to have a connection for some reason. And so if we are to require that connection to be put in place, then we should do it at this time. And, you know, we can work with the neighbor independently of this to make sure that they are in compliance with their conditions for their zoning as well, but that's a separate issue than this. What we have in front of us is these applications, which are covered by an existing condition to connect to the resort to the north. I don't think that straddling one of these applications with the burden that should be applied throughout the entire ordinance area as it currently exists is appropriate; I think that Areas A and B should share the obligation to construct that connection to the north, as is currently in the zoning ordinance. And then lastly FUKE: Yeah - - - VITOUSEK: - -VITOUSEK: lastly, I would say that I think the conditional language needs to be updated to indicate that there will be public access, that there will be, may not be dedicated to the County of Hawaii, but that an easement for public access will be granted to the County of Hawaii so that it won't be held in private and gated later on. FUKE: First, you know, first of all like if you look at the existing language, the existing language, there is no timetable in terms of when that connection has to be constructed in both the existing ordinance applying to Waikoloa and also the ordinance applying to Mauna Lani's property. If I can read to you, what the condition really just says, "A roadway connection to the adjacent property to the north shall be provided meeting with the approval of Department of Public Works,"but there is no timetable. What we are proposing here is a specific timetable in a sense that under two circumstance the roadway will be completed: One is that if there is development of property, that roadway has to be completed; two, if there is no development on the property and there is a roadway connection on the opposite side, somebody has got to build that road. And in this case here that somebody is not going to be Hilton Grand but is going to be Waikoloa; that's the agreement that they have internally. 17 EXHIBIT D