2006-12-06 tsunstone - Laserfiche WebLink

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ALAMEDA: Mr. Torigoe? TORIGOE: Yes. Your Rule 4-33 says that upon the filing of exceptions among other things, the Commission may render its decision upon the record; or if oral argument has been allowed, after oral argument; or may reopen the docket and take further evidence or may make such other disposition of the case that is necessary under the circumstances. Basically meaning that you have a hearings officer’s proposed findings and conclusions, and you also have exceptions from Mr. Planning Director and from the applicant, and so you can basically modify the hearings officer’s report if you want to take into account some of the exceptions, if that is your decision. Or you can just adopt the hearings officer’s report, or you can make other modifications as you see fit. It’s kind of wide open at this point. ALAMEDA: Okay. TORIGOE: Your Rule 4-30 also states that any exceptions not specifically raised in writing by a party are waived. ALAMEDA: All right. SIRACUSA: And am I correct, also, in assuming that since I don’t see it in front of me, that the intervenors did not submit any exceptions even though they were clearly ruled against by the hearing officer? TORIGOE: That you have to check with staff on. ALAMEDA: Mr. Darrow? DARROW: We did not receive both the proposed Findings of Fact and Conclusions of Law or exceptions from the intervenors. SIRACUSA: Thank you. ALAMEDA: Thank you Ms. Siracusa for that. Anybody, follow up questions? Okay. Mr. Graham? GRAHAM: I just wanted to ask Mr. Darrow, a sort of a, to give us a little feel for the map there and substance. In the contested case hearing, there was lots of discussion about the floodways and all that, and we’ve got Waiaha No. 2 and the nomenclature, but the general understanding is floodwaters coming from mauka can enter the property, coming across Kuakini Highway, and then this developer intends to channelize the floodwaters, and then perhaps as it gets near Alii Drive, kind of release it back to the flow as current. Can you just give us a little graphical sense of where all this occurs on the property? DARROW: Sure. Taking a look at the site plan that has been submitted by the developer, this is called the site development plan. This is Kuakini Highway running at the top of the map, and we have Alii Drive at the lower part of the map. This here is the Kona Sea Villas Condominium project that is constructed at this time. This is referred to as Block A within the application. We have in brown identified a proposed road that goes from Alii Drive to EXHIBIT B 4