2018-06-21 Leeward Exh A (AMEND SMA 05-005)

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will produce almost no impacts to any species of flora and fauna other than the alien species already present.” The applicant also received the submittal today by Shannon Rudolph objecting to the time extension request, indicating that traffic is already maxed out in this area and the visitors are complaining that Kona has lost its charm with so much traffic, and requesting that you deny the development. As we exhaustively covered in the initial proceedings on this, the traffic report was accepted by the Planning Commission, and, I’m sure that you’ve heard it before, but the cases, the Hawai‘i Supreme Court case law says that traffic shouldn’t be a criteria in SMA permits other than whether it has ecological or environmental impacts, and that was not found in the original permitting. Curt, do you want to say anything? DEWEESE: Thank you, Steve. I’d just like to say that I thank you for your time this morning, and this, this project is, is quite more than the 289 units; we’ve been developing in this area for the last 20, 25 years. And one of the significant issues that we are dealing with on this property, of course, is the delays that FEMA has given us and the County to do any processing effectively for a number of years to get this moving forward. I’m not sure if it was very clear, but someone had asked about the mauka-makai roadway; we have a requirement to develop the mauka-makai roadway from Ali‘i Drive where the yellow starts, all the way up through the green connecting to Kuakini Highway. That road needs to be developed before we can get a certificate of occupancy on Block D. That was in our contested case hearing. That was a significant issue that the Planning Department and the other parties wanted to see to alleviate any potential impacts that might occur. Along with the roadway, there’s also a FEMA drainage way right adjacent to it on the right side of the green predominant way, and that is also part of that roadway improvement. We and the County Department of Public Works have fully designed the mauka-makai roadway for the County. We have just, in fact, several weeks ago, got our last sliver of land needed to make that work, and, a ten-foot sliver on the north side of the yellow piece there that Public Works felt was needed for a turning radius. So we have that in place. The several drawings have been amended to show that. And we are pleased that finally FEMA has finished their work, and that Public Works can process our plans to move forward. UNGER: Thank you. Commissioners, any questions of the applicant? Commissioner Church. CHURCH: I notice that you are going to be developing Block D. I wonder about the overall timing of this project at this point. I know that Block D is going to dump the traffic onto Ali‘i Drive and, but, what’s your, you are going to build and sell or you are going to sell and build? Have you submitted already for permit your permit drawings? I know you probably haven’t registered with the Real Estate Commission the project. So what do you see is your overall timing on this project at this point? DEWEESE: We attempted to work through the morass of the FEMA approvals about two years ago to submit for a Final Plan Approval on Block D. We were caught up in questions that the FEMA mapping wasn’t as accurate as the County would like to see, there might need to be some changes, and therefore we had to pull back our Final Plan request on Block D at that time. Now 10 EXHIBIT A