2018-10-18 Leeward Exh A (AMEND SPP 378)

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Just wanted to talk about a proposed condition change to Condition No. 6 that we sent out to you the other day. The reason that we made this change is, as the condition was written, it was unworkable; it initially said prior to the issuance of Final Plan Approval, the applicant would have to either secure applicable building permits or remove all unpermitted structures. In our process, in order to secure the building permits, you need to get Plan Approval first, so we changed that to clarify it and make it workable. The intention of the condition was always to take care of the unpermitted structure issue within a year of the permit, so the way we have it written now would keep to that intent and fix the functional problem. With that said, the Director is recommending approval of this amendment request with conditions. That’s the conclusion of my presentation. I’d be happy to answer any questions the Commission may have. UNGER: Thank you. Commissioners, any questions? \[None.\] Thank you. KAY: Thank you. UNGER: Would the Applicant please come forward? Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? MOOERS: I do. EDNEY: I do. UNGER: Please state your name and area of residence. MOOERS: My name is Greg Mooers. I’m a planning consultant. My residence is in Waimea. EDNEY: John Edney. I’m the owner of the property, and I live in Hawi. UNGER: Thank you. You can, this is your opportunity to talk about your application, so. MOOERS: Thank you, Mr. Chairman. We have reviewed the background report and recommendation prepared by the Planning Department. I think it accurately reflects the situation, and we support the recommendation. I might point out that the applicant was previously represented by another planner who has since retired or at least cut back on his work. I’ve kind of come in late in the process, but it was the opinion of that planner that the Special Permit was in effect void because the bakery and the fitness center were no longer in operation, and that’s why the applicant did not proceed with getting Plan Approval because he didn’t think it was required. The previous planner submitted a letter to the Planning Department, and the Planning Department indicated that that was not their interpretation, that they wanted us to go ahead, through with the Plan Approval process, and so that’s what we are doing. And so the request is to allow us time to do that. I will point out that we have hired a civil engineer. The civil engineer has prepared the studies requested for Plan Approval as far as solid waste and 3 EXHIBIT A