COM 1064.000 2016-2018 - Laserfiche WebLink

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10. Current Application: By the time of this current application, each of the three (3) parcels were involved in several subdivisions. For Parcel 177, the most recently approved final subdivision is SUB 11-001115-r3. For Parcel 185, the most recently approved final subdivision is SUB 14-001396. For Parcel 186, the most recently approved final subdivision is SUB 16-001625. The applicant sought the above-mentioned resolutions for the separate project phases to provide exemptions for certain code requirements, pursuant to Section 201H-38 of the Hawaii Revised Statutes for the Mohouli Heights Senior Neighborhood Project in South Hilo. Meanwhile, the Planning Department was unaware that a project under HRS 201H could not exempt a State Land Use Boundary Amendment for parcels over 15 acres and that the State Land Use Commission (LUC) needed to review and approve those amendments per HRS 20111-12(a)(3)(b). The Planning Department was also unaware that the Land Use 1 Conunission did not receive any formal notification during the 2009 environmental assessment review period for the project that encompassed a land area of over 15 acres. Phases 1 and 2 of the project completed construction in 2014 and 2017, respectively. Realizing the oversight sometime in 2016, the Planning Department infonned the applicant that a State Land Use Boundary Amendment was required. In 2017, the applicant submitted an application for Phase 3, which the Planning Commission forwarded a favorable recommendation to the County Council and notified the applicant to submit a State Land Use Boundary Amendment for the remaining phases of the Project. The Hawaii County Council approved Ordinance No. 18 16 for the State Land Use Boundary Amendment for Phase 3. The applicant submitted this application for Phases 1 and 2 on May 3, 2018. Through recent discussions with the Planning Department, the State Land Use Commission agreed to allow the County Planning Department to process the State Land Use Boundary Amendment for the subject parcels at the county level through the Planning Commission with the understanding that similar future projects will follow the proper procedures and shall be reviewed and approved by the State Land Use Commission, as required by law. (PD Exhibit 7 — Section 201H-12 and 201H-38 of the Hawaii Revised Statutes) M