2019-04-18 Leeward Exh B (AMEND SMA 07-020)

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LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 18, 2019 A regularly advertised hearing on the application of APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020) was called to order at 10:23 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Keith F. Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger, Nancy Carr Smith, Sonny Shimaoka, Michael Vitousek and Faye Yates ABSENT AND EXCUSED: Scott Church and Perry Kealoha ALSO PRESENT: J Yoshimoto, Esq. (Counsel for the Commission), Michael Yee (Planning Director), Jeff Darrow(Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner) and Noriko Sauer(Commission Secretary) And approximately 20 people from the public in attendance. APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020) Application for a 5-year time extension to comply with Condition No. 3 (Complete Construction) of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story, 11-unit residential condominium on 14,450 square feet of land in the Special Management Area. The property is located along the makai side of Alii Drive, adjacent to and south of the Kona Banyan Tree Condominium, Holualoa It and 2nd, North Kona, Hawaii, TMK: (3) 7-6-014:013. UNGER: Second agenda item, Applicant Kilohana Makai LLC, AMEND SMA 07-000020. Application for a five-year time extension to comply with Condition No. 3, complete construction of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story, 11-unit residential condominium on 14,450 square feet of land in the Special Management Area. The property is located along the makai side of Alii Drive, adjacent to and south of Kona Banyan Tree Condominium, Holualoa It and 2nd, North Kona, Hawaii, TMK: (3) 7-6-014:Parce1013. We've received two petitions for standing in a contested case hearing, so, by rule, by Planning Commission Rule 4-6, we acknowledge these petitions. They were received in a timely, in a timely fashion, so the Commission today will be hearing from the petitioners and deciding on if these petitioners have a case for standing in a contested case hearing. Part of the criteria that the petitioners need to meet is one of four, one of five items: His or her interests is clearly distinguishable from that of the general public; or is a government agency whose jurisdiction includes the land involved in the subject request; or that they have some property interest in the land or lawfully reside on the land; or that even though they do not have an interest different from the public generally, that the proposed action will cause them actual or threatened injury in 1 EXHIBIT B