2020-12-17 Leeward Exh B (AMEND SMA 388)

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So, it's my understanding that we have six conditions before us now, we want to add the whole time frame for approvals and construction, we want to add the site maintenance plan, and what else? So I need to be clear. Mike, since you took the lead on that, the time frames—Sid had offered up a revision—can you respond what you think it should be? Go ahead, Mike. VITOUSEK: If it's okay with the Chair, I'll make a motion. CARR SMITH: Okay. VITOUSEK: Okay, so, before making a motion I just want to state that I have definitely heard and considered the concerns of the members of the public who testified today and in writing. I agree with them that it's been too long, that the structure is an issue in the community. I personally believe that the fastest way for us to move forward with curing this issue is for the current owner to develop it in compliance with the existing conditions; I think that's what's going to solve the problem fastest. So for that reason, I'll be making a motion to grant the applicant's request for a time extension, as recommended by the director, with the following conditions in addition to the conditions already imposed: Number I is a site maintenance and security program to include an analysis of the construction of temporary sidewalks, you know, with, to be submitted to the county within 45 days for review and acceptance and, you know, any other, or the language that Sid would like to include in there from the previous motion that I left out can be added in discussion; number 2, that the project follow a timeline where plan approval will be by January of 2022, by the end of January 2022, the building permits will be submitted by the end of January 2023, and the construction will commence prior to, or commence after January 2024, prior to—excuse me will commence prior to January 2024 CARR SMITH: On or before VITOSUEK: if any of these conditions are not met, the permit will be rescinded. If—and then, so, following, the completion of the project will be December of 2025. Now, the only opportunityI think it should be included—the only opportunity for time extension would be for after the project has been commenced and construction is—what will we say, 50 percent completed? And then, if in a case that construction is commenced and 50 percent completed, then the project can apply for an additional time extension after that, but they'd have to come back to the Planning Commission to explain. CARR SMITH: All right, there's, that's a motion. VITOUSEK: So, again, you know, my words may not be the exact condition applied into the regulation. I hope that they can be summarized a little better than I can do off the top of my head when they have the time, but if the intent of that can be captured as a condition, then I would support moving forward with Diamond Resorts International completing the project as requested. 26 EXHIBIT B