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

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JACKSON: Yeah, so Condition 2 basically says that the permit doesn’t become effective until those per-acre payments were made for the Waiaha drainage way and Ali‘i Parkway improvements. So that payment was made, let’s see, May 15, 2008, and so when they came in and requested, they requested a time extension, and I don’t recall exactly when but we granted it before seeing that condition effective date, so there was some confusion about when the actual effective date was. So we granted one administrative time extension, then Sunstone pointed out, no, the permit is not actually effective yet, and then we granted another administrative time extension to bring it up to May 15, 2018. CARR SMITH: So what’s the status of the permit between May 15, 2018, and today? th JACKSON: The applicant, the applicant applied for the time extension on February 27, which was a few months before the condition lapsed. So our practice in the Department has been if an applicant applies prior to expiration and it just takes time to get the application to the Commission, that we still honor that until the Commission makes their decision. CARR SMITH: Okay, thank you. UNGER: Any other questions for the County? Thank you. Would the applicant please come forward? Good morning. Will you please raise your right hand? Do you swear or affirm to tell the truth before the Planning Commission? REPRESENTATIVES: I do. UNGER: Thank you. Please state your name and residence. LIM: Good morning, Mr. Chairman, Members of the Commission. My name is Steven Lim, and I’m with Carlsmith Ball out of Hilo and Honolulu. With me today is Mr. Curtis DeWeese from Sunstone Kona LLC. UNGER: Thank you. Have you read the Planning Commission’s \[sic\] recommendations and conditions, and do you agree with them? LIM: Yes, we have, and we agree with the conditions. I think the condition relating to the 20-year deadline for completion of the entire project is aspirational; we hope we get it done before then, but I’d like to reserve the right to come back to the Commission for approval, if there is need for further time extension. UNGER: This, very good, this is your opportunity to further extrapolate on any questions you heard or to explain where you are at on the project. LIM: Thank you very much. The current Commission, well, I don’t think any of you were, many of you were around during the first go-round when the original permit got acted upon by the Commission in 2007. As you can see from the filing date, it was filed in 2005, and we probably spent something like a year and half from the actual applications, contested case hearing with numerous parties, you know, various issues were raised and resolved, we had a 8 EXHIBIT A