2023-05-19 Leeward Planning Commission Minutes

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There being no further public testimony, Chair DeFranco closed public testimony on this item at 12:16 p.m. Staff presentation by Jessica Andrews [TINIESTAMP 2:48:14]. Applicant presentation by John Pipan (Land Planning Hawaii, LLC) and Nanette Guiffrida(Kona Aerial Gymnastic Team Inc.) [TINIESTAMP 3:22:05]. At 1:38 p.m. it was moved by Commissioner Paishon-Duarte and seconded by Commissioner Vitousek that the Commission go 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 HRS 92-5 [TIMESTAMP 4:07:34]. There were no objections from the other Commissioners. Chair DeFranco called a recess, and the room was cleared. The Commission went into executive session at 1:47 p.m. At 2:03 p.m. it was moved by Commissioner Knowles and seconded by Commissioner Paishon-Duarte that the Commission go out of executive session. A voice vote was taken, and the motion carried with all in favor. Chair DeFranco called the open hearing back to order at 2:08 p.m. [TIMESTAMP 4:36:53] Action: It was moved by Vice Chair Knowles and seconded by Commissioner Vitousek that the application for Special Permit, Docket No. SPP 21-000227, be approved based on the Deputy Planning Director's recommendation, including the Planning Department's revised Conditions [TINIESTAMP 4:39:38]. Commissioner Vitousek made a secondary motion that the main motion be amended with the following changes to the recommended Conditions: Condition No. 4 to include a new sentence, "If Special Permit activities on the subject property exceed 15 acres, the Applicant shall go before the State Land Use Commission for approval"; Condition No. 5 to begin with "Within six (6) months of the effective date of this permit, excepting time the plans are under government review," instead of"Prior to applying for a building permit," and keep the remainder of the Condition unchanged; Condition No. 6 to be replaced with `Building permits for all existing and proposed structures and improvements, including water tanks, septic system and buildings, to be used for the proposed use, shall be obtained and finalized within sixteen (16) months from the issuance of Final Plan Approval, excepting time the plans are under government review"; and Condition No. 17 to be replaced with"Should any of the conditions not be met or substantially complied with in a timely fashion, the permit is null and void"[TIMESTAMP 5:03:03]. Commissioner Knowles seconded the secondary motion. A roll call vote was taken, and the secondary motion carried with four ayes (Vitousek, Knowles, Paishon-Duarte, and DeFranco), no noes, and two absent and excused (Dela Cruz and Kanuha). Commissioner Paishon-Duarte voted aye with reservation[TIMESTAMP 5:07:10]. A roll call vote was taken on the main motion as amended, and the main motion carried with four ayes (Zaheva, Vitousek, Paishon-Duarte, and DeFranco), no noes, and two absent and excused (Dela Cruz and Kanuha). Commissioner Paishon-Duarte voted aye with reservation[TIMESTAMP 5:08:01]. The hearing ended at 2:39 p.m. 3 Leeward Planning Commission May 19,2023,Meeting Minutes