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development of the SMA is our responsibility. So I think that this is an opportunity to put in <br />some kind of language that says that the Leeward Planning Commission has the opportunity to <br />review compliance with the SMA itself, and determine whether the, you know, the changes that <br />are being proposed are consistent with the original approval. <br />CARR SMITH: At what point would we do that? <br />VITOUSEK: When would that be triggered? I think we could potentially put that in for the <br />completion of the proposed extension period. <br />CARR SMITH: Christian? <br />KAY: Just, if I may, really when you're talking about compliance with the SMA, you're talking <br />about compliance with stated conditions of approval, and those stated conditions of approval <br />really tie back to the Change of Zone, which is under your purview as a recommending body. I <br />might have to defer to Corporation Counsel to see. But also, what's on the agenda today is a <br />time extension for the Change of Zone, and we haven't agendized the associated SMA. So I'm <br />not sure that we can really get into amending language in the SMA necessarily. <br />VITOUSEK: Right, it would be a, what I'm proposing would be a change in the condition of the <br />Change of Zone. <br />KAY: Okay. <br />VITOUSEK: That would allow for the Leeward Planning Commission to review the status of <br />the SMA after the completion of the next time extension period. <br />KAY: If I may, and then maybe, actually, I'll defer to Jeff on this. He's got some more <br />experience with these types of things. <br />DARROW: I don't know if I have any experience on this, but this is one of those unique <br />situations that the, previously, they tied the SMA conditions into the Change of Zone. That was <br />our first question when we were reviewing this; what are the conditions in the SMA, and do they <br />need to be amended? There was only three conditions, and basically it was tying it back into the <br />Change of Zone. The Change of Zone does have a requirement to submit an annual progress <br />report that they're required to let us know the status of conditions every year. What we can do is <br />put in language in the APR condition that be forwarded to the Leeward Planning Commission for <br />a review. That would, at least at that point the Commission can keep on track and aware of <br />what's going on with that. <br />CARR SMITH: Sorry, what is APR? <br />DARROW: I'm sorry, Annual Progress Report. <br />CARR SMITH: Oh, yeah, yeah, okay. <br />14 <br />DRAFT <br />