2020-06-18 Leeward Exh B (AMEND REZ 09-098)

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five-year window, with no ability for administrative extension, we would want to at least post notice to this body that there is a possibility that maybe at the end of the fourth or fifth year they may come in for an extension, and the extension is going to be largely driven by the just overall economic, global economic situation. CARR SMITH: Understood. Okay. Any other comments from you, Mr. Fuke? FUKE: Uh, no. CARR SMITH: Okay. Commissioners, do you have any questions of the applicant? Mike? VITOUSEK: Yeah, well, Sid, I think you're absolutely right about the COVID pandemic and the fact that, you know, we're experiencing that now shows us what, you know, truly is meant by acts that are outside of people's control that are going to affect the outcome and compliance with these type of projectsa hundred percent agree that that's going to happen to a lot of projects. Now, that being said, looking back on the issues identified here for non-compliance, I don't see that being anywhere remotely near the same level of effect and even having the same adverse impact on the developer's ability to construct. Looking at the timing of it, the developer got an extension to complete the conditions in 2012, which expired in 2019. The archaeological work was completed in 2014, which would have given them five years to complete construction during a very strong economic period. So, to me, that, that non-compliance is not the result of things that were outside the control of the developer; they, they just didn't have the money to build the project they proposed. So I think that's one of the things that we have to consider in our role with the Leeward Planning Commission is that we have to identify what is and what isn't a legitimate reason for non-compliance. CARR SMITH: Good point, Mike. Your response? FUKE: Well, I think that if you look at this particular application, applicant, and looking at the myriad of conditions that were imposed way back when, it required a lot of redesign, a lot of archaeological things that needed to be done, not only the, having the completed archaeological inventory survey, but having prepare and getting the burial treatment plan approved, the mitigation plan, and, Mike, I'm sure that you're very aware of, you know, how laborious and time consuming that process, you know, took. VITOUSEK: Oh, yeah, absolutely FUKE: So admittedly, they did VITOUSEK: In this particular case FUKE: You know they CARR SMITH: One at a time. 6 EXHIBIT B