2016-05-19 Leeward Exh E (Amend SPP 77-20 & SPP 378)

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through all of the information, but I just wanted to talk about the permit history again, give you some context, and then what has changed since the last time we met. Special Permit No. 378 was originally approved on February 1, 1978, by the State Land Use Commission to allow the establishment of a vegetable processing facility. On January 20, 2006, the Planning Commission approved an amendment to Special Permit 378 to allow the processing of ice cream products within a portion of the original 7,875-square foot structure. Over time, the uses requested in the Special Permit amendment were established in the remainder of the original structure as well as the unpermitted additions to the surrounding areas for the refrigerated box truck and the fitness center parking use. The Planning Department issued warning letters on st August 1 and August 21, 2014, requiring the applicant to cease unpermitted uses or submit an amendment to Special Permit 378 to cover the unpermitted uses as corrective action. On March 19, 2015, the Leeward Planning Commission held a hearing on the subject Special Permit amendment. At that meeting the Commission grated contested case standing to eight intervenors. The Commission also voted to hire a hearings officer for the contested case. On thth November 19 and 20 the contested case proceedings were undertaken in Honoka‘a before rd Hearings Officer Sherry Broder. On March 23 the applicant, intervenors, and the Planning Department reached a settlement agreement, which suspended the contested case hearing pending the approval of the Special Permit amendment with stipulated conditions by the Leeward Planning Commission. On April 21, 2016, the LPC \[Leeward Planning Commission\] voted to continue the hearing to this hearing today in order to provide the Director time to update his recommendation based on representations made by the applicant and the intervenors at the st April 21 meeting. So based on all of that information and the testimony that I heard last month, there are some considerations for this revised recommendation. Meadow Gold has ceased its refrigerated box truck parking and distribution hub activities on the subject property; therefore, it was not considered as part of this Special Permit amendment. The Director determined that the honey production and distribution use is permitted in the State Land Use Agricultural District and permitted under County Zoning Code under definitions for Agricultural products processing, minor; therefore, it was not considered as part of this Special Permit amendment. And finally, the Director is recommending that a provision to allow an administrative time extension to the six-month deadline to move all bakery operations indoors not be permitted. So all that said, the applicant’s request, as modified, is an amendment to Special Permit No. 378, as revised, to legitimize and retain the following uses on approximately .5 acre of a larger five-acre parcel, and those are: A fitness center and associated parking area; a bakery; a butter processing, storage and distribution facility; and finally, a limited retail sales area. The Planning Director is recommending approval with conditions based on all of these changes in his revised recommendation that you’ve received. With that, I’m happy to answer any questions the Commission may have. UNGER: Thank you. Commissioners, are there any questions of staff at this time? We will go ahead and hear from the applicant and the petitioners and the Planning Department. Please raise your right hand. Do you swear or affirm to tell the truth before the Planning Commission? 2 EXHIBIT E