2016-03-17 Leeward Exh B (REVOCATION OF USE 90)

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property. You have Mauna Lani Resort along the ocean further to the west, and then Waikoloa Village is shown in the pink mauka of the subject property. This is the State Land Use District Boundary Map for the area, and you can see the majority of the property about 1,940 acres is in the Agricultural District and the remaining balance is in the Urban District. This was the site plan submitted when the applicant first applied for the permit back in 1991. So it shows the six golf courses distributed throughout the property. You can see the fairways spread around. The red dots are the clubhouses that they were proposing; there were five, and each of the clubhouses on the outer edge of the property services one golf course, and then the clubhouse in the middle is surrounded by two golf courses. The reasons that the Director is requesting this revocation, there are two main reasons. One, in 2005 the State Land Use law was changed to prohibit golf courses on lands in the Agricultural District. And as I mentioned before, about 1,940 acres of the property is currently situated in the Agricultural District. The change in the State law also included the grandfather clause that states, “Golf courses approved by county before July 1, 2005, for development within the Agricultural District shall be permitted uses within the District.” However, Use Permit 90 was approved prior to 2005, but it was also subject to compliance with 21 conditions that have not been satisfied to date. Specifically, Condition 3 required construction of three of the six golf courses be completed by 2011; to date construction of the golf courses has not even begun. Bridge ‘Āina Le‘a, LLC has indicated in writing that they have no plans to develop their 1,940 acres in the near future, and that’s an exhibit in your background report. We just received a letter that was provided in your background report from ‘Āina Le‘a Inc., and they say that they do intend to develop a golf course in the future, one golf course, on the Urban lands, but they will submit a new Use Permit application for the golf course in the future. The Planning Commission’s authority to revoke the permit is based on Condition 21; that’s our standard condition that we include in every permit that says, “should any of the conditions not be met or substantially complied with in a timely fashion, the Director may \[shall\] initiate procedures to revoke the permit.” Additionally, the Zoning Code and your Planning Commission Rules of Practice and Procedure also give the Commission the authority to revoke a Use Permit. Based on the fact that the golf courses that were permitted 25 years ago have not been established within the prescribed time period, the Director is requesting that the Planning Commission revoke the permit. We have received a few items since we distributed the background and recommendation to you. We did receive a letter from Jeff Sacher supporting the Director’s request to revoke the permit; th that was dated, actually that’s undated, no, it’s dated March 14. And then we also received a petition for standing in a contested case from Mauna Lani Resort Association, and that was a th timely filing with a filing fee and we acknowledged receipt of that on March 8. And I just wanted to add one other thing: Since we distributed the background and recommendation, we still have not heard anything from Bridge ‘Āina Le‘a, LLC of whether they support or are opposed to this revocation. 2 EXHIBIT B