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Home My WebLink AboutCOM 0677.008 2022-2024"'wq Mitchell D. Roth o�"'o� Zendo Kern Director Deanna S. Sako Jeffrey W. Darrow Managing Director w:•{ �rf •OF �H Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • County of Hawaii 101 Pauahi Street, Suite 3 Kailua-Kona, Flawai`i 96740 Hilo, Hawaii 96720 Phone (808) 323-4770 Phone (808) 961-8288 Fax (808) 327-3563 PLANNING DEPARTMENT Fax (808) 961-8742 March 20, 2024 Heather Kimball, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair Kimball and Council Members: SUBJECT: County Council Initiated Bill No. 123 (PL-CCI-2024-000005) Amendment to Chapter 19, Article 1 and Article 13, Chapter 23, Article 9, and Chapter 25, Article 1, Article 2, Article 5, and Article 6 of the Hawaii County Code 1983 (2016 Edition, As Amended) Relating to Ohana Dwelling Units This is to inform you that the above -referenced bill is scheduled for a hearing by the Leeward Planning Commission. Said hearing, among other matters, will be held beginning at 2:00 p.m. on Thursday, April 18, 2024, at the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. A copy of the public notice is attached for your information. The purpose of this amendment is to remove each instance of the term "ohana dwelling" from the County Code and insert the term "accessory dwelling unit" and add provisions for the establishment of an accessory dwelling unit. Should you have any questions, please contact Tracie Lee-Camero of this department at (808) 961-8166 or by email at 11ci6 1C iL,C CEiiii 1�Y�(1 i1cl�nq��III�_.v Sincerely, ZENDO KERN Planning Director Item49CouncillnitiatedBil 1123PL-CCI-2024-005notification Attachment: Leeward Planning Commission April 18, 2024 meeting agenda 4rsc��Pl<mninu non-, ffaivai`iCounty isanEqual Opportunity Provider and Employer �nr�h�-,crIr c�iii�o�mtt,sz,oe Comm. D,, . � 1 T. b Ref.To: r Ref. [)t�$e � t � �' Mitchell D. Roth Mayor Deanna S. Sako Managing Director County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center o 101 Pauahi Street, Suite 3 o Hilo, Hawaii 96720 Phone (808) 961-8288 - Fax (808) 961-8742 AGENDA Barbara DeFranco, Chair Dean Au Michael Dela Cruz Clement "CJ" Karmha III Mahina Paishon-Duarte NOTICE IS HEREBY GIVEN of the following matters to be considered by the Leeward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawai'i Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii and Planning Commission Rules of Practice and Procedure. DATE: Thursday, April 18, 2024 TIME: 9:30 a.m. LOCATION: West Hawaii Civic Center, Council Chambers, Building A 74-5044 Ane Keohok5lole Highway, Kailua-Kona, Hawaii Public Participation: This is an in -person meeting, and the Leeward Planning Commissioners will participate in person. The primary way to view or testify at this meeting is in -person; however, as a courtesy to the public, the Commission provides the following additional ways to view or testify remotely at this meeting. Optional Alternative to Provide Remote Oral Testimony: The public has the option to provide verbal testimony at the meeting by joining Zoom. To provide verbal testimony via Zoom, please use the link below to register by noon on the day prior to the meeting: I x !!QS1X('X.Pa1(Q41,Vf1SXl E . ..... ... ..... - Optional Alternative to View Meeting: ]1ttJ'),",,'//WWW, ) '06TAUGA'Niew 1S _-SUI)SCI-lber Mt. .... . . .......... . Please note, as this is an in -person meeting, the hearing will proceed if the Zoom and/or YouTube connections fail. Submitting Written Testimony: To ensure timely delivery to Commissioners prior to the meeting, written testimony must be submitted no later than 4:30 p.m. on Monday April 15, 2024, by: (1) email to . . (2) mail to the Leeward Planning . ... . ..... ........... ... . .... Commission at 101 Pauahi Street, Suite 3, Hilo, Hawaii or (3) drop-off at the Planning Department offices in Hilo at the address above or Kona at 74-5044 Ane Keohokdlole Highway, Building E, 2nd Floor, Kailua-Kona, Hawaii. All written testimony, regardless of Plawai'i County is an Equal Opportunity Provider and Employer time of receipt, will be made part of the permanent record. Please submit separate testimony for each item. Meeting Materials/Board Packet: Pursuant to Hawaii Revised Statutes Section 92-7.5, the meeting materials provided to members of this commission for this meeting is available for public inspection forty-eight (48) hours before the meeting date during regular business hours at the Planning Department offices in Hilo and Kona and by clicking `Board Packets' at the following Planning Department website link: �d�� i YllnkNtt� ��A� B�S��, 6 �blia�ff'll'9�`,`�k�D�"'� cN��N:°<��N��tllS. This lnformatlon Can also be requested by sending an email to 1 110esthi on g�t„ ,ak,� v or by calling (808) 961- 8288. CALL TO ORDER APPROVAL OF MINUTES Review and Approval of the February 29, 2024 Leeward Planning Commission Minutes. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Members of the public may provide public testimony regarding any agenda item now or at the time the agenda item is called to order. UNFINISHED BUSINESS — 9:30 a.m. APPLICANT: AHU POHAKU HO`OMALUHIA LLC (FORMERLY ROBERT WATKINS AND JEAN SUNDERLAND) (PL-SMA-2022-000018) Application for an amendment to Special Management Area (SMA) Use Permit No. 417 to increase the number of guest rooms from 16 to 36 by constructing 20 additional guest rooms at Hawaii Island Retreat, on an approximately 5.0-acre portion of a 14.5-acre parcel of land situated in the Special Management Area. The subject property is located at 54-250 Lokahi Road, approximately 1.2 miles northeast (makai) of Akoni Pule Highway, Hanaula and Honopueo, North Kohala, Hawaii, TMK: (3) 5-4-009:014 (por). 2. APPLICANT: AHU POHAKU HO`OMALUHIA LLC (FORMERLY ROBERT WATKINS AND JEAN SUNDERLAND) (PL-SPP-2022-000018) Application for an amendment to Special Permit No. 1117 to increase the number of guest rooms from 16 to 36 by constructing 20 additional guest rooms at Hawaii Island Retreat, on an approximately 5.0-acre portion of a 14.5-acre parcel of land situated in the State Land Use Agricultural District. The subject property is located at 54-250 Lokahi Road, approximately 1.2 miles northeast (makai) of Akoni Pule Highway, Hanaula and Honopueo, North Kohala, Hawaii, TMK: (3) 5-4-009:014 (por). NEW BUSINESS 3. APPLICANT: RYAN LEESE (PL-REZ-2023-000055) Application for a Change of Zone from an Agricultural-20 acre (A-20a) to a Family- Agricultural-5 acre (FA-5a) zoning district for 21.942 acres of land. The subject property is located at the southwest comer of the Kaloko Drive/Ha5 Street intersection, Kaloko Mauka Subdivision, Kaloko, North Kona, Hawaii, TMK: (3) 7-3-024:003. 4. APPLICANT: ACKERMAN RANCH INC (PL-SPP-2023-000056) Application for a Special Permit to establish and operate an event venue to host weddings and other similar gatherings on an approximately 4-acre portion of two properties totaling 195.91 acres in the State Land Use Agricultural District. The subject properties are located on the west (makai) side of Ali'i Drive, approximately 2,000 feet north of its intersection with Haleki'i Street, Por. Honuaino 3 d Kanaueue l't-2 d , North Kona, Hawaii, TMKs: (3) 7-9-012:004 (por.) and :031 (por.). 5. APPLICANT: SCOTT GRAINGER (PL-SMA-2024-000051) Application for a Special Management Area Use Permit to demolish an existing single- family dwelling and construct a new single-family dwelling on a 14,000 square foot shoreline parcel within the Special Management Area. The subject property is located on the makai side of Puak6 Beach Drive, approximately 2.7 miles southwest of its intersection with Queen Ka'ahumami Highway, Por. of Puak6 Beach Lots, Lalamilo, South Kohala, Hawaii, TMK: (3) 6-9-006:016. 6. APPLICANT: MAKUA LANI CHRISTIAN ACADEMY (FORMERLY KONA CHRISTIAN ACADEMY) (PL-SPP-2023-000060) Application to amend Special Permit No. 549 to expand the permit area for the elementary school to include the adjacent, 1. 196-acre parcel to the east and to amend Condition No. 8 to increase enrollment cap from 180 students to 210 students. The subject properties are located at 74-4907 and 74-4889 Palani Road, Por. Pdpa'akoko & Honok6hau I" & 2 d , North Kona, Hawaii, TMKs: (3) 7-4-006:03 7 and :046. NEW BUSINESS — 2:00 p.m. 7. INITIATOR: COUNTY COUNCIL (PL-CCI-2024-000003) Bill 121, an ordinance amending Chapter 25, Articles 1, 4 and 5, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to transient accommodation rentals and hosting platforms. Repeals Section 25-4-16 through Section 25-4-16.3 relating to Short- term Vacation Rentals and establishes new provisions for Transient Accommodation Rentals and Hosting Platforms for Transient Accommodation Rentals. INITIATOR: COUNTY COUNCIL (PL-CCI-2024-000004) Bill 122, an ordinance amending Chapter 25 and Chapter 14, Article 4, Section 14-20, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to the repeal of bed and breakfast as a permitted use. Repeals all provisions that allow for Bed and Breakfast establishments. 9. INITIATOR: COUNTY COUNCIL (PL-CCI-2024-000005) Bill 123, an ordinance amending Chapter 19, Article 1 and Article 13, Chapter 23, Article 9, and Chapter 25, Article 1, Article 2, Article 5, and Article 6 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to `ohana dwelling units. Removes each instance of the term "`ohana dwelling" from the County Code and inserts the term "accessory dwelling unit" and adds provisions for the establishment of an accessory dwelling unit. AGENDA ITEMS FOR NEXT MEETING The Commissioners will comment on matters not on the current agenda, for consideration for the Commission's next meeting. ANNOUNCEMENTS The Leeward Planning Commission's next regular meeting is scheduled for Thursday, May 23, 2024 at the County Council Chambers in Kona and the public can also testify via Zoom. The date and venue of the meeting are subject to change. Contested Case Procedure: Pursuant to PC Rule 4, Contested Case Procedure, of the County of Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 4, 5, and 6 above is required to file a written request which must be received by the office of the Planning Department no later than seven (7) calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall conform with the PC Rule 4-6(a), relating to Prehearing Procedure on a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The notarized petition form and a filing fee of $200 shall be submitted online via County of Hawaii Electronic Processing and Information Center (EPIC) at the following website: ljtt 5 //lj�t 1iCOUtyhi-enc; sip pia_tYle.�ii.o st,net/ApLLs/Selt".)ci-v'cMe"lio-iii- . Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b), Hawaii County Code}. A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code) Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo, Hawaii 96720. Anyone who requires an auxiliary aid or service, or other accommodation due to a disability, please contact the Planning Department at (808) 961-8288 or 1 j Yt trl cyu� rawai'%c<) i ty gov as soon as possible. If a request is received later than five working days prior to the meeting date, we will try to obtain the auxiliary aid/service or other accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Hawai `i County is an Equal Opportunity Provider and Employer LEEWARD PLANNING COMMISSION Barbara DeFranco, Chair (Hawai`i Tribune Herald: Friday, March 22, 2024) (West Hawaii Today: Friday, March 22, 2024)