2022-04-21 Leeward Exh D (Item 3&4 Hawaii One1 PL-REZ-2021-014&PL-SMA-2022-012)

Home

VAN BERGEN: Just for clarity from the developer's side, and I want to speak for the Mansi family for all they gave, but I'm fairly confident that they would agree that, you know, any cultural community type things to work with, we are 100 percent in favor of, we want to make sure that burials both burial sites are very accessible, so if there is any descendants that want to visit the burial sites, as laid out by the SHPD requirements, they are both off, they are both extremely, you know, accessible. But as far asI'm not real familiar with the Cultural Commission you are referring to as far as processes go, and it's this late in the process—would they, are we talking about a possible redesign of the whole PUD layout and all the infrastructure and the way the, because we are looking at a pretty dense subdivision here of 62 lots on 11 acres. There has been hundreds of thousands of dollars spent on infrastructure plans, civil engineering, roadways. So, was there, are we talking about recommendations like a different layout potentially or is it mainly just access issues, making sure that whoever needs to have access has access? I'm just going to be, I'm just going to want a little clarity on what exactly they would be doing for this project. VITOUSEK: Yeah, and, you know, can't really answer that; I can't speak on their behalf on what things they would see as important and then they wouldn't. If I were to be reviewing a project like this, I would be looking at the mitigation measures for the sites and what options can be done. I don't know what they'd be proposing, but I think that giving them the opportunity to consider is a good thing. VAN BERGEN: Thank you. VITOUSEK: Next question would be a larger one about the zoning and the SMA permit having expired. And this is a topic that we have gone over many, many times, but we've got new Planning Commissioners here, and so I think it's an appropriate opportunity to have the discussion about what happens in the instances where we are receiving a request for a time extension on something that has already expired and the deadline to apply for a timed extension has not been met. So in cases where the deadline has expired but the developer has applied for a time extension within the time required to apply for a time extension, you are operating in the normal area of time extension. In this case there is a clear expiration of the zoning ordinance and of the SMA permit, but we are still doing this under a time extension. And so, in the past the discussions we've centered around things like zoning, you know. In this case we've got two different issues, zoning and Special Management Area permit. Zoning is a recommendation to the County Council, so we are making a recommendation on whether they should move forward with it to the County Council. But the SMA permit is a specific permit coming from the Planning Commission, we issue them the permit to proceed, we are the final authority on that permit. And whereas with zoning they may not be in compliance with the conditions of that zoning ordinance, they may not have met the time requirements for it, but that zoning becomes stale, as the Department puts it, and reviving that requires reconditioning it; you don't really reapply for zoning. But with the permit it's expired. Will you again explain why we are extending something that in effect isn't there? JACKSON: Basically, right now our rules for SMA permits are not crystal clear, and so the process has been if a condition of a permit has expired—and I want to make a distinction there, 24 EXHIBIT D