2018-05-03 Windward Planning Commission Agenda

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UNFINISHED BUSINESS — 9:30 a.m. 3. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Consideration and Adoption of Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission to reflect that Outfall 001 will not be replaced or repaired, and therefore will not affect the public shoreline. The Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission are being considered in response to the Intermediate Court of Appeal's Order of Partial Remand filed January 22, 2018 of the Final Judgment of the Third Circuit Court's Order filed on March 10, 2014, to the County of Hawaii Windward Planning Commission, for the narrow purpose of the Windward Planning Commission to address the impacts on the public shoreline with regard to repairing or replacing Outfall 001. Special Management Area Use Permit No. 221 was originally approved to allow the establishment of a coal storage area and a coal burning energy plant and related improvements. The permit was amended in 2011 to allow a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). 4. HAMAKUA COMMUNITY DEVELOPMENT PLAN On December 19, 2016, the Hamakua Community Development Plan (CDP) Steering Committee recommended approval of a revised version of the March 2016 draft Hamakua CDP. After reviewing agency comments, the Planning Director has recommended revisions to the CDP. Pursuant to Section 2-28.1 of the Hawaii County Code, within sixty days after receipt of the Planning Director's recommendation on a draft community development plan or any amendment thereof, the Windward Planning Commission shall transmit the draft community development plan or any amendment with its recommendation through the Mayor to the County Council. Likewise, pursuant to Section 15.1 of the General Plan, the County Council may modify or amend the community development plan before enacting it by ordinance, but it shall give the Steering Committee and the Windward Planning Commission an opportunity to review and comment upon substantive amendments and modifications before final adoption of the plan. The purpose of this meeting and public hearing is to afford all interested persons a reasonable opportunity to comment on the Hamakua CDP and for the Commission to review the CDP and consider its recommendation to the County Council. MINUTES Approval of the Minutes of the April 5, 2018 Windward Planning Commission meeting. ADMINISTRATIVE MATTERS Discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. 2