2018-12-10 Leeward Planning Commission Minutes

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At 10:40 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church 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. The room was cleared, and the Commission went into executive session at 10:41 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 10:58 a.m. it was moved by Commissioner Shimaoka and seconded by Commissioner Church 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 10:59 a.m. Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Church that a favorable recommendation be forwarded to the County Council on the request to consolidate and amend Change of Zone Ordinances No. 09-49 and 09-50, based on the Planning Director’s recommendation and proposed amended conditions, including the addition of requirement of an Archaeological Inventory Survey in Condition O, the deletion of the new condition allowing an administrative time extension, and an added condition that the proposed project remain in concept an independent senior living facility, which shall be adopted. A roll call vote was taken and motion carried with four ayes (Carr Smith, Church, Kealoha and Vitousek), two noes (Shimaoka and Unger) and one absent and excused (Yates). \[SEE HEARING TRANSCRIPT – EXHIBIT A\] 2. APPLICANT: KULEANA SPIRITS INC. (SMA 18-000069) Application for a Special Management Area Use Permit to allow the development of a micro-distillery and visitor center with a tasting room and related accessory improvements on approximately 8 acres of a 43.854-acre parcel within the Special Management Area. The subject property is located on the east side of ‘Upolu Road, just south of ‘Upolu Airport, about 0.6 miles north of the Akoni Pule Highway-‘Upolu Road intersection, Kealahewa 3rd, North Kohala, Hawaiʻi, TMK (3) 5-5-006: por. 010. 3. APPLICANT: KULEANA SPIRITS INC. (SPP 18-000197) Application for a Special Permit to allow the development of a micro-distillery and visitor center with a tasting room and related accessory improvements on approximately 8 acres of a 43.854-acre parcel within the State Land Use Agricultural District. The subject property is located on the east side of ‘Upolu Road, just south of ‘Upolu Airport, about 0.6 miles north of the Akoni Pule Highway-‘Upolu Road intersection, Kealahewa 3rd, North Kohala, Hawaiʻi, TMK (3) 5-5-006: por. 010. The Commission took up these items simultaneously at 11:18 a.m., with three people from the public in attendance. Action on SMA 18-000069: It was moved by Commissioner Shimaoka and seconded by Commissioner Church that the application for a Special Management Area Use Permit, Docket No. SMA 18-000069, be approved based on the Planning Director’s recommendation and proposed conditions, including a revision to Condition No. 4 and an additional condition requiring the submission of an archaeological mitigation plan, which shall be adopted. A roll call vote was taken and motion carried with six ayes (Shimaoka, Church, Carr Smith, Kealoha, 2