2007-12-12 TKOHALA LLC - Laserfiche WebLink

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enough time to prepare their legal memoranda and their proposed Findings, and that gives the Planning Commission something in the neighborhood of two weeks till, before the hearing to happen everything in front of you rather than have it two or three days, you know, like as often times happens. So that’s our request. GRAHAM: Thank you, Mr. Lim. I missed the last meeting that we had where this was brought up, but I do remember back in, I think it was the August meeting that I chaired, at that time I thought the way we left it was that you needed to get some additional documents from the Planning Department, so that you could prepare your Findings of Fact, Decision and Order at that time. Have you gotten those documents that you need or -? LIM: Yes, we believe we have gotten the documents. Planning Department staff has asked us for a list of the documents that we did get, so we’re going to prepare that for them. GRAHAM: Okay. I think I also asked Director Yuen at that time if he could provide some written reports on the nature of the flooding that went on apparently at some point after the earthquake and left a lot of sedimentation along the coast in that area. Have you been able to chase them down at all, Mr. Yuen? YUEN: Yes, we have that and we can have that before the Commission when they take this up on the merits. GRAHAM: All right. YUEN: We can have that well in advance. There isn’t, well, they are somewhat informal; some of that are by lengthy emails that were done by people with the Division of Aquatic Resources. But we can have that, and naturally of course we would copy to Kohala LLC. GRAHAM: Do we have any other questions from the Commissioners of the applicant’s representative? Commissioner Alameda? ALAMEDA: I have one for the Director, if it’s okay now. GRAHAM: Sure. ALAMEDA: I’ve heard the pros of why we should maybe abide by Mr. Lim’s request. But what will be the cons? YUEN: Well, in thinking about this, it’s an extremely long time to deal with the matter. However, let me make a suggestion. There’s actually two different items here: One is the rezoning and the other is the SMA permit. The Planning Commission is advisory on the rezoning that ultimately goes to the Council for final decision; there is no reason to keep that here. There is no requirement of Findings of Fact, Conclusions of Law, etc. in a rezoning because it’s not an administrative permit that has these formal requirements. I would suggest th that the Planning Commission take up the matter of the rezoning on January 11, try to come to a recommendation that it takes to the Council on both Kohala LLC’s request and the Planning EXHIBIT A 11