2020-02-06 Exh B Piilani Partners Remand SMA 18-070

Home

WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT FEBRUARY 6, 2020 A regularly advertised hearing on the discussion and action of the Third Circuit Court's December 13, 2019 Order remanding SMA 18-000070 (PIILANI PARTNERS, LLC) back to the Hawaii County Windward Planning Commission was called to order at 10:58 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Thomas Raffipiy presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Donn Dela Cruz, Thomas Raffipiy, John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 41 members from the public in attendance. APPLICANT: PIILANI PARTNERS, LLC (SMA 18-000070) Discussion and action on the Third Circuit Court's December 13, 2019 Order remanding Special Management Area Use Permit (SMA No. 18-000070) back to the County of Hawaii Windward Planning Commission to issue a revised findings of fact (FOF) and conclusions of law (COL) in support of its original Decision and Order, for the narrow purpose of the Windward Planning Commission clarifying FOF and COL regarding its application of the public trust doctrine for the denial of SMA No. 18-000070, which requested a Special Management Area Use Permit to develop a potable water well and bottling facility with related improvements on a 2.5712 -acre parcel within the Special Management Area. The subject property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi` ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. RAFFIPIY: We'll proceed to the next item on the agenda. HALL: I just wanted to address everyone real quick. So, this, to give you a little bit of background about what Piilani, for those of you who have been through it with us, you know, basically it got appealed to the Circuit Court, and the Judge ordered basically that the Commission cannot rule on using plastic bottles to say that, you know, that it doesn't meet SMA criteria. So, basically, the Commission will not be able to use plastic bottles, you know, as a reason to deny the permit. The other thing is the Court was very clear that we are to use the existing record, so basically the evidence from the past hearings. And, also, with the final caveatactually, I'll just read the very last paragraph of the Order because I think that kind of explains it the best, if I can find it under EXHIBIT B