2019-03-21 Leeward Exh B (Discussion on condition deadlines)

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So, this last application, Kilohana, is an extension to a Special Management Area Use Permit. “In the case of time extensions, the applicant shall set forth in writing: (a) the length of time requested; and (b) the reasons for the time extension. “In the case of additions, modifications, and/or deletions of conditions, the applicant shall file the request not less than sixty days prior to the expiration date of the time conditions, setting forth: (a) the condition to be amended; and (b) the reasons thereof. “The applicant shall also deposit with the Department the sum of two hundred fifty dollars to cover publication and other administrative costs, along with the original and twenty copies of the request. “(2) Notice and Hearing: The hearing and notice procedures shall be the same as under Section 9-11 (c) and (d),” which are the same requirements for a brand new Special Management Area Use Permit. The reason why our first agenda item is continued today is the applicant did not follow these procedures. So in our normal case requirements we request that that be continued until the proper procedures have been met so that people in the area are notified correctly, as well as the sign is posted correctly and people are made aware of that. Okay, typical timing deadline conditions within a Change of Zone ordinance or permit. So this is one of our standard conditions. Now, I have the first part \[the following paragraph\] underlined; that is relative to an ordinance. Now, we’ve been starting to use this particular language for ordinances and it says: “Construction of the proposed development, as substantially represented by the Applicant, or as permitted by its zoning district classification, shall be completed within five (5) years from the effective date of this ordinance.” Now, the next part \[the first sentence in the following paragraph\] in Italics and bracketed is what we normally use for our permit. It was our typical language in an ordinance as well, but again, we kind of fine-tuned our language in the ordinance to give more clarity regarding the allowances within the zoning district. So the second part says: “Construction of the proposed development shall be completed within five (5) years from the effective date of this permit. Prior to construction, the applicant(s), successor(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department’s Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code.” 5 EXHIBIT B