2019-04-18 Leeward Planning Commission Minutes

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Director's recommendation, including Condition 8 as amended at the hearing, which shall be adopted. [SEE HEARING TRANSCRIPT EXHIBIT AJ RECESSED Chairman Unger called a short recess at 10:17 a.m. RECONVENED The meeting reconvened at 10:23 a.m. 2. APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020) Application for a 5-year time extension to comply with Condition No. 3 (Complete Construction) of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story, 11-unit residential condominium on 14,450 square feet of land in the Special Management Area. The property is located along the makai side of Alii Drive, adjacent to and south of the Kona Banyan Tree Condominium, Holualoa 1st and 2nd, North Kona, Hawaii, TMK: (3) 7-6-014:013. The Commission took up this item at 10:23 a.m., with approximately 20 people from the public in attendance. At 12:03 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Shimaoka that the Commission enter into executive session to consult with its attorney regarding questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities pursuant to Hawaii Revised Statutes 92-5. A voice vote was taken and the motion carried with all in favor. Chairman Unger called a short recess and the room was cleared. The Commission went into executive session at 12:10 p.m. At 12:45 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Carr Smith that the Commission recess executive session. A voice vote was taken and the motion carried with all in favor. The session reconvened at 1:05 p.m. At 1:23 p.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Vitousek that the Commission go out of executive session. Upon a voice vote, the motion carried unanimously. The meeting was reconvened at 1:24 p.m. Action: It was moved by Commissioner Shimaoka and seconded by Commissioner Yates that the petition [for standing in contested case hearing] be granted to Ms. Paula McMichael based on her interest being clearly distinguishable from that of the general public and also for the reason that her being a lineal descendant [of native Hawaiians] was clearly outlined. A roll call vote was taken and motion carried with five ayes (Shimaoka, Yates, Carr Smith, Vitousek and Unger), no noes, and two absent and excused (Church and Kealoha). Commissioner Shimaoka also moved that the petition [for standing in contested case hearing] be granted for Mr. Keawe KKK Alapai based on his declaration of descendant of native Hawaiians who inhabited the Hawaiian Islands prior to 1778 and who practiced those rights which were customarily and traditionally exercised by subsistence, cultural or religious purposes. 2