2003-12-04 TPuuLaniRanch - Laserfiche WebLink

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linkage between the sales office, which is an existing very benign, actually attractive and functional purpose, and this other agenda, which is to deal with burial treatment plans that I think would affect a number of lots that are no longer owned by Puu Lani Ranch Corporation. Mr. Yuen spoke with me a little bit ago and suggested that his staff really has a need for a map delineating where the burial sites are on the tax map, and I can understand that. And IÓll discuss that with the company to see if, well, weÓd have to discuss that not only with the developer but also with the lot owners to see if they would agree, if we were willin to have the sites surveyed, if they would agree to give us access to do that. So, the problem with a condition like this is we might not be able to satisfy this sort of a condition because it is sufficiently unrelated to the request and itÓs unrelated to this specific site. So itÓs kind of like asking us to, you know, install something off-site or do something off-site or else we canÓt continue this existing sales office activity. So that would be one of my problems with agreeing to a condition, is having you think that we could comply with it, because IÓm not all sure that we can. GALDONES:Mr. Yuen? YUEN:We furnished this recommendation even though we knew thereÓs a Contested Case and we know that most likely the Commission will have to deal with the Contested Case today. The reason for furnishing this, despite the Contested Case, was to give notice to the Applicant and the Commission that this is where the Department is coming from in this situation because there has been an on-going long-term problem with the subdivision that IÓll explain in just a minute. But we did want to give notice that this is what we would want to see if we were to, if the Commission is to go ahead with this. Also, being a time extension, if we, if you defer action for the Contested Case, unless the permit is, unless we move to shut down the, the normal course of events would be that the sales office would continue during the pendency of the Contested Case and, you know, in effect that they would have the, what they want while the Contested Case is going on, which could be some considerable period of time. Let me explain the problem that happens with this subdivision. Final Subdivision Approval, there is a condition that said that they should comply with all the requirements of the State Historic Preservation Division. At that time there was a correspondence from State Historic Preservation Division that the Applicant was supposed to complete a burial treatment plan and archaeological the sites that are on the property, specifically there are a number of burial sites on the property and thereÓs an archaeological preservation site. This was back in Ó93-Ó94. You should have a letter from SHPD that was written the last couple of days that explains this. The Applicant, the developer of the subdivision did not do the burial treatment plan. Instead, they pushed this off to their purchasers of their lots. As a result, and the difficulty, the DepartmentÓs mistake was to allow this as a condition that would be done after Final Subdivision Approval. Because when you get Final Subdivision Approval, you can sell off the lots; and itÓs very difficult to then have a remedy against the 3