2020-02-20 Leeward Planning Commission Minutes

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6. APPLICANT: SGRY DBA KONALANI YOGA ASHRAM (SMA 19-000074) Application for a Special Management Area Use Permit to legitimize the development and operation of a residential yoga ashram, and the establishment and operation of a church facility with a meditation temple, classrooms, six (6) guest bedrooms and a commercial kitchen and related improvements on an approximately one (1) acre portion of a larger 5.1570-acre property situated in the Special Management Area. The subject property is located at 77-0447 Ho`omaluhia Drive, at the southern terminus of Sea View Circle, H6lualoa 3 rd—Kaumalumalu—B each Sec., North Kona, Hawaii, TMK: (3) 7-7-004:065 (por). 7. APPLICANT: SGRY DBA KONALANI YOGA ASHRAM (SPP 19-000210) Application for a Special Permit to legitimize the development and operation of a residential yoga ashram, and the establishment and operation of a church facility with a meditation temple, classrooms, six (6) guest bedrooms and a commercial kitchen and related improvements on an approximately one (1) acre portion of a larger 5.1570-acre property situated in the State Land Use Agricultural District. The subject property is located at 77-0447 Ho`omaluhia Drive, at the southern terminus of Sea View Circle, H6lualoa 3rd— Kaumalumalu—Beach Sec., North Kona, Hawaii, TMK: (3) 7-7-004:065 (por). The Commission took up these two items simultaneously at 1:15 p.m., with eight people from the public in attendance. Two public members provided testimony in support of these applications, and two others expressed their opposition and concerns. Commissioner Vitousek was excused from the meeting at 3:16 p.m. At 3:32 p.m. Chair Carr Smith called a short recess. The hearing was reconvened at 3:40 p.m. Action on SMA 19-000074: It was moved by Commissioner Unger and seconded by Commissioner Kealoha that the application for Special Management Area Permit, Docket No. 19-000074, be approved based on the Planning Director's recommendations, including deletion of Condition No. 9, which shall be adopted. A roll call vote was taken, and the motion carried with five ayes (Unger, Kealoha, Newberg, Van Pernis and Carr Smith), no noes and two excused (Vitousek and Yates). Action on SPP 19-000210: It was moved by Commissioner Unger and seconded by Commissioner Kealoha that the application for Special Permit, Docket No. 19-000210, be approved based on the Planning Director's recommendations, which shall be adopted, subject to changing Condition No. 4 to read, "Should the Department of Public Works, Building Division, require it, and prior to resumption of public activities on the property and within the proposed Residential Yoga Ashram, the applicant shall secure change of use and `as-built' building permits and be granted a Certificate of Occupancy meeting with the requirements of the Department of Public Works, Building Division, and/or as articulated in the Building Division's December 27, 2019 memorandum," and Condition No. 6 to read, "Vehicular access for members of the public to the subject property shall be limited to Sea View Circle. All driveway connections to Sea View Circle and any work within the County Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code." Upon suggestion by Commissioner Van Pernis, Commissioner Unger amended his motion to also add the following sentence to the 4