2017-08-17 Leeward Planning Commission Minutes

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findings, recommendations, and proposed amended conditions, which shall be adopted; furthermore, the life of the permit shall run with the current owner, David McCollough Trust, and shall cease upon sale or transfer of the property or the sale or transfer of the business to a different owner. A roll call vote was taken and the motion carried with six ayes (Kaholo, Nobriga, Carr Smith, Church, Kealoha and Unger) and one absent and excused (Shimaoka). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: 1250 OCEANSIDE, LLC (FORMERLY 1250 OCEANSIDE PARTNERS) (AMEND SPP 07-000044) Request to amend Special Permit No. 07-44, which allowed the conversion of an existing temporary golf shop to a temporary real estate sales center on approximately 10,000 square feet portion of land situated within the State Land Use Agricultural District. The applicant is requesting a one-year extension of time to comply with Condition No. 2 (convert existing golf shop to a temporary real estate sales center), removal of the 5-year time limit of Condition No. 3 (timing for use of temporary real estate office) and an increase in the square footage of the permit area from 10,000 square feet to 13,900 square feet. The property is located on Puʻu Ohau Place within the Club at Hōkūliʻa, Keʻekeʻe & Kanakau, South Kona, Hawai‘i, TMK: 8-1-004:085. The Commission took up this item at 10:12 a.m., with two people from the public in attendance. Action: It was moved by Chair Unger and seconded by Commissioner Church that the application to amend Special Permit 07-44 be approved based on the Planning Director’s findings, recommendation and proposed conditions, including the correction of the Preservation Site references in the Background Report and the Recommendation from “S-15” to “S-31,” a change in Condition 2 to read, “Prior to issuance of certificate of occupancy, the applicant, successors or assigns shall secure Final Plan Approval …,” and a change in Condition 3 to read, “Use of the temporary structure as a real estate sales center shall terminate after all lots within the development are sold or after 15 years from the effective date of this amended permit, whichever occurs first. The structure shall ….” A roll call vote was taken and the motion carried with six ayes (Unger, Church, Carr Smith, Kaholo, Kealoha and Nobriga) and one absent and excused (Shimaoka). \[SEE HEARING TRANSCRIPT – EXHIBIT B\] MINUTES Approval of the Minutes of the June 15, 2017, Leeward Planning Commission meeting. At 10:42 a.m. it was moved by Commissioner Kaholo and seconded by Commissioner Church that the minutes be approved as submitted. The motion was unanimously carried by a voice vote. 2