2020-06-18 Leeward Exh D (AMEND REZ 2004-024 & AMEND REZ 2004-025)

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subdivision, four of which resulted in lots just under 15 acres in size. In 2005, both Puaa Development and Suffolk applied for and received approval for a State Land Use Boundary Amendment from the, from Agricultural to Urban designation for their respective properties. At the time of processing, these applications did not go to the Land Use Commission, as they were represented by the applicants to be separate entities and under 15 acres in size. At the time the Land Use Commission commented that they had strong objections to the manner in which the State Land Use boundary amendments were being processed under HRS 205-3.1, Amendments to District Boundaries. They believed that both the Village Center, Puaa, and the rental housing project, Suffolk, were part of the same Pualani Makai Master Planned Community and the permitting was deliberately incrementalized to evade the jurisdiction of the Land Use Commission. Although the original 2005 Boundary Amendments were approved in an incrementalized manner, in order to implement the TOD concept and Project District zoning recommended by the Kona Community Development Plan, and the Director in this case, the applicant will be required to seek a State Land Use Boundary Amendment from the LUC from Agricultural to Urban for the surrounding properties that are under joint ownership. And, again, this is, this is a, can be a laborious process, but in order to do it right, this is what will be done. The proposed request will not result in a more appropriate land use pattern that will further the public necessity and convenience and the general welfare. Based on all of the preceding information, the Director feels that approving the requested amendments and retaining the existing zoning would no longer result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. As an alternative, the Director recommends that the applicants pursue a State Land Use Boundary Amendment for the remaining two adjacent properties and submit a change of zone to a Project District for the approximately 60-acre area, or at minimum 50 acres, to establish the Kahului-Puapua`a Village Neighborhood Transit Oriented Development area as recommended by the Kona CDP. For all of these reasons, the Director is recommending that we forward unfavorable recommendations to the County Council for the proposed amendments for Rezone Ordinance 05-113 and Rezone Ordinance 05-115. With that, again, I'll leave the presentation on the screen, if there are any questions related to any of the slides that we've shared, and I'm happy to answer any questions the Commission may have. CARR SMITH: Thank you, Christian. Mark, I apologize that I didn't go back to you for your question. My bad. J, I think Mark might have a question for you. Go ahead, Mark. Use the microphone, though, yeah? Use the microphone, please. VAN PERNIS: First, I have a question for staff. CARR SMITH: I thought you had a legal question to Counsel VAN PERNIS: Well, let me ask the legal questions first then. As the staff says, these ordinances are stale. By that I take it to mean the requirements for the completion - - - and project have all been long since passed and expired before the applications were filed. Aren't the ordinances pau? Such that they can't reverse record they extended as to those expired conditions for these proposed 9 EXHIBIT D