2018-10-18 Leeward Planning Commission Minutes

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At 11:20 a.m. it was moved by Chairman Unger and seconded by Commissioner Carr Smith that the Commission go into executive session to consult with its counsel. 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 11:25 a.m. for the purpose of consulting with its counsel regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes 92-5. At 11:42 a.m. it was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that the Commission go out of executive session. A voice vote was taken and the motion carried with all in favor. The meeting was reconvened at 11:43 a.m. Action: It was moved by Commissioner Carr Smith, seconded by Commissioner Kealoha that a favorable recommendation be forwarded to the County Council to accept the Project District Ordinance No. 99 42’s updated status report. A roll call vote was taken and motion carried with five ayes (Carr Smith, Kealoha, Vitousek, Yates and Unger), no noes and two absent and excused (Church and Shimaoka). With respect to the request for a time extension, it was moved by Commissioner Vitousek and seconded by Commissioner Yates that a favorable recommendation be forwarded to the County Council on the request to amend Project District Ordinance 99 42, based on the Planning Director’s recommendation, findings, and proposed amended conditions, including the updated language on the preservation plan and mitigation plan being upheld that was read in by the staff, which shall be adopted; the motion also included the Commission’s recommendation to the Planning Department and to the County Council that the public access conditions be evaluated so that they are not tied to the completion of the golf course but to a more publicly beneficial and mutually beneficial time period. A roll call vote was taken and motion carried with five ayes (Vitousek, Yates, Kealoha, Carr Smith and Unger), no noes and two absent and excused (Church and Shimaoka). \[SEE HEARING TRANSCRIPT – EXHIBIT C\] 4. APPLICANT: KW KONA INVESTORS, LLC (FORMERLY KONA VILLAGE RESORT) (AMEND SMA 260) Application for time extensions to Condition No. 5 (Secure Final Plan Approval) and Condition No. 6 (Commence and Complete Construction of Phase II) of Special Management Area Use Permit No. 260, which was approved in 1987 to allow the expansion and renovation of the existing Kona Village Resort, including the construction of 54 new hotel units and related improvements. Phase II consists of 25 units. The subject property is located at 72-300 Maheawalu Drive, Kona Village Resort, Ka‘ūpūlehu, North Kona, Hawai‘i, TMK: (3) 7-2-010:010. The Commission took up this item at 11:53 a.m., with eight people from the public in attendance. Commissioner Kealoha recused himself for the reason that his employer is the landowner/lessor of the subject parcel. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Vitousek that the application to amend Special Management Area Use Permit No. 260 be approved based on the Planning Director’s recommendation and proposed amended conditions, which have been discussed here and which shall be adopted. A roll call vote was taken and motion carried with 3