2015-07-16 Leeward Exh C (Amend SMA 314)

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The applicants have requested, number one, to delete Condition No. 3 or, if that’s not feasible, to have a five-year time extension to comply with the requirements of Condition 3. Currently that states that the construction of the remaining three dwellings shall be completed within five years from the effective date of this amendment, and then our standard language. You will also notice on the bottom that there are some requirements for a 52-foot future road widening setback along the northeastern boundary, this is to accommodate the Keauhou to Kahului Parkway, which runs on the northeastern portion of this property, as well as a 7.5-foot future road widening setback along the northwestern property, which is Stardust Lane. The applicant in their development plan has identified these particular setbacks on the plan. The Planning Department is requesting – since this original application was submitted, the applicants are now pursuing a CPR, or Condominium Property Regime, through the Planning Department. With our changes in our Rules, the same requirements for a Condominium Property Regime are the same as going through a subdivision. And so what we’d like to do, rather than put the timing of the condition for the construction of the dwellings, because that’s unsure at this point and there is no clear direction as to when the timing would be, we’d like to place the timing on the approval of the Condominium Property Regime or the subdivision approval, which is common place in many of our subdivision requests and conditions regarding construction that includes a subdivision. We usually don’t wait until all the dwellings are constructed within a subdivision to finally approve it; we just wait for the final subdivision or CPR approval to be done, then the applicants are released from the condition. So we are requesting that Condition 3 be changed to not reflect the timing on the dwellings but to reflect the timing on either a Final Condominium Property Regime or a Final Subdivision Approval, and this would be within five years from the effective date. The remaining language would remain the same. And those again are delineated on the plans that have been submitted to the Planning Department, as well as in the application. Additionally, on Condition 6 we are reflecting that instead of the Fire Department approval be done through Plan Approval, we will be looking at the same provision through Final Condominium Property Regime Approval or Final Subdivision Approval. This is the original site plan. Originally, they were looking at six dwellings, but in the process of some of the activities that occurred through this development plan, they ended up having to downsize to five units. So this is the current plan. Unit G reflects the 52-foot future road widening setback for Kahakai Access Road, and then there also is a 7.5-foot future road widening setback on Stardust Lane. And again, currently we have two dwellings; there remains three dwellings that need to be constructed. These are some site photos. This is an access to one of the dwellings on the property. This is another access to the subject property. This is Stardust Lane. I believe that’s Hōlualoa Beach Road on the right. And so you can see that Stardust Lane has been improved with a 20-foot paved roadway. This is looking makai on Stardust Lane, again, with the subject property on the left. And this is additionally another dwelling that is located on the access road, and I believe this is Hōlualoa Beach Road. The Planning Director is recommending approval of the five-year time extension request, with the recommended changes to Conditions No. 3 and 6. That concludes our presentation. Any questions? 2 EXHIBIT C