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Law Offices of Yeh & Iii
<br /> Dean An, Windward Planning Commission Chair
<br /> March 15, 2022
<br /> Page b
<br /> • CLOMAILt?MR Approval--The CL,OMR was approved by FEMA on
<br /> February 15, 2018, LOMR approval is tied to final subdivision approval and
<br /> compliance with the conditions of approval of the Ordinance and Use Permit,
<br /> including construction and verification of the proposed drainage changes.
<br /> • Trcrffrc Improvements.Approvals—On April 17, 2018, Ron Thiel (County
<br /> Traffic Head) entailed Donald Smith(HDOT-District Engineer) to state his
<br /> agreement with and approval of Applicant's Right of Way intersection plan,
<br /> dated July 21, 2017, which includes dedicated left turn pockets on the makai
<br /> side of Kanoelehua Highway. However, although Applicant's completed
<br /> design was approved by the County, Applicant is still waiting for DOT to
<br /> issue final approval. On October 9, 2020, Applicant submitted revised traffic
<br /> improvement plans to DOT, to which DOT commented on January 3, 2021.
<br /> On January 20, 2022, Applicant submitted revised traffic improvement plans
<br /> to DOT,which are currently under review.
<br /> Construction flans. Applicant has submitted several iterations of its
<br /> construction plans to DPW, including on October 10, 2020, with comments
<br /> received on November 13, 2020. Applicant re-submitted its construction
<br /> plans, including all of the proposed civil improvements, to DPW on January
<br /> 20, 2022, which plans are currently under review.
<br /> TIME EXTENSION ALQUEST
<br /> 1. The non performance is the result Lconditions that could not have been
<br /> foreseen or arc beyond the control of the yMlicant. successors or assigns, and that are not the
<br /> result of their fault or n ligence
<br /> Applicant's non-performance of the conditions within the time frame of the
<br /> Ordinance and the Use Permit is the result of circumstances that could not have been foreseen in
<br /> January of 2017 at the time of Use Permit approval or in April 20, 2017 when the Ordinance was
<br /> approved, which circumstances were beyond Applicant's control and are not the result of
<br /> Applicant's fault or negligence.
<br /> The combined effects of the 2018 Puna eruption and the COVID-19 pandemic
<br /> caused unexpected, severe and protracted delays greatly hindering, if not completely halting for
<br /> periods of time, Applicant's performance. Specifically, the 2018 eruption delayed Applicant's
<br /> efforts to have its traffic design plans and other plans processed, reviewed and ultimately,
<br /> approved, as the County's primary focus was on protecting the community and relief efforts.
<br /> Thereafter, the County's focus on community rebuilding and road repairs post-eruption
<br /> continued to delay Applicant's efforts with design review and approvals. Several staffing
<br /> changes at the County and at the State level, post 2020- election, including at DOT and HDOT,
<br /> also caused delays in plan review, processing and approval. Finally, as is widely known and
<br /> understood, the COVID-19 pandemic, which followed the 2018 eruption, paused most commerce
<br /> activity beginning around March 2020, caused a substantial economic downturn and a rethinking
<br /> of investment strategies nationwide, and is still contributing to an uncertain economic
<br /> environment and trade disruptions. These events, coupled with the aforementioned delays in the
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