2015-08-20 Leeward Exh A (REZ 04-022)

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TYLER: Condition K is the --. KAY: Yeah, the other one is Condition K --. BEAUDET: Can we do that before it goes to Council? KAY: In terms of getting started on --. BEAUDET: Finding the status. KAY: Yeah, yeah, we are working on now trying to find the status of that, yeah. I hope we can get the information from either the applicant or from SHPD as well, yeah. Condition K is the other one, and this is the one that Mr. Tyler was speaking to relative to “recorded document shall be filed with the Planning Department,” pardon me, “submit a covenant to be recorded with the State of Hawai‘i Bureau of Conveyances to the Planning Director for review and approval … Said restrictive covenant … shall acknowledge that the applicant or its successors or assigns has consented to a County-initiated rezoning of the A-1a zoned area into the Open district and the prohibition of any development or improvement ….” Back in 2005 there was a document, or recorded, a document that was recorded with the Bureau of Conveyances that spoke to that, and the applicant at the time agreed that the County, that they agreed with the County-initiated rezoning. The County has not initiated the rezoning to this point. Okay, and the other one is Condition L, and L states that, relative to Parcel 54, that “the applicant shall identify an entity that would be responsible for the management and care of the archaeological/cultural features on that portion of TMK … 54 that is not covered by this ordinance. Prior to its designation, the applicant shall solicit the input of the native Hawaiian community and the County Council. Within 60 days of the identification of this entity, this area, with the concurrence of the County Council, shall be conveyed via lease or fee to the identified entity for $1.00.” So the intention here was to identify a group to manage Parcel 54. As of the applicant’s update on Conditions, they said they are still working on that and intend to have that done before certificate of occupancy is granted. BEAUDET: Is there a recommended timeline? KAY: So currently there is no recommended timeline to make that happen. Should the Commission desire a timeline, you are more than welcome to suggest. BEAUDET: The challenge that we have here is, from a cultural preservation standpoint, we have, there are responsibilities, there’s conditions to be met, but there is no timeline on it. But yet, the only timeline that we have as far as formalizing these plans is occupancy; so disturbance of the land can take place. KAY: So --. 8 EXHIBIT A