2014-09-18 Leeward Exh A (SMA 14-057)

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allow timeshares, but again, based on changes to the General Plan, they are trying to stay away from allowing resort-type uses in this area. And then lastly, Condition 17 is just a cleanup. There was a request to form a homeowners association, but because the subdivision is only seven lots in size, the applicant is requesting rather than they form a homeowners association and oversee the drainage improvements, they just place a covenant requiring the landowner to maintain the drainage easement and those drainage improvements. And again, these have been reviewed by staff and by the Director, and they are acceptable. With that, that concludes our presentation. I stand ready to answer any questions. Thank you. BEAUDET: Thank you, Jeff. Commissioners, any questions of staff? DARROW: Thank you. BEAUDET: Okay. With that, would the applicant or their representatives please come forward? Please raise your right hand as I swear you in. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? REPRESENTATIVES: I do. BEAUDET: Thank you. Please state your name, and proceed with your presentation. FUKE: Good morning, Mr. Chairman, Members of the Commission. My name is Sidney Fuke. I’m a planning consultant and here assisting the applicant. My business address is 100 Pauahi Street, Suite 212, Hilo, Hawai‘i. HAYES: And my name is Kevin Hayes. I’m the managing member of One Puakō Bay Associates, LLC. FUKE: So your staff’s report is, you know, it’s like, leaves us very little to say; it was very comprehensive. And we really appreciate the time and energy that the staff has put into this application. I know it has been somewhat complicated or convoluted because there has been a series of activities, you know, attendant to this property. The applicant reviewed all of the proposed conditions, as well as the proposed amendments, and are very satisfied with that. He also understands the reason why the Director is recommending the denial of creating, no, retaining the irrigation lines within the 40-foot shoreline setback area. Just by way of background on that issue, there was a Minor SMA Permit issued associated with this project to put irrigated landscaping system in that area, but it was with the understanding that that be temporary until such time that, you know, the vegetation kind of took place. So the applicant wanted to retain that. On the other hand, as the staff has indicated, there has been some growing concern raised by the State and different agencies regarding artificially-created type of landscaping within the shoreline, which could compromise the natural shoreline processes. So that’s the reason why they did not, the staff did not want to have any permanent irrigation system within the setback area, and the applicant understands that and would accept that. 4 EXHIBIT A