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Home My WebLink About2019-08-01 Windward Planning Commission AgendaHarry Kim o+`V;°` "!w, Joseph Clarkson, Chair cR• J�� Mayor ,��!%!. Thomas Raffipiy, Vice Chair Gilbert Aguinaldo Dean An * OF 10;0 Donn Dela Cruz John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 AGENDA NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday, August 1, 2019 TIME: 9:00 a.m. PLACE: County of Hawaii Aupuni Center Conference Room 101 Pauahi Street, Hilo, HI 96720 STATEMENTS FROM THE PUBLIC — Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS — 9:00 a.m. APPLICANT: KINESIS HAWAII, INC. (FORMERLY NICHOLAS AND CAROL MYRIANTHIS) (AMEND USE PERMIT NO. 42) Application for an amendment to Condition No. 4 (Number of Employees) of Use Permit No. 42 and to allow construction of approximately 860 square feet of additional treatment area and an office space. Use Permit No. 42 was approved to allow a physical therapist's office (medical facility) within a portion of an existing single-family dwelling situated within the County's Single -Family Residential (RS -7.5) zoning district. The property is located on the west side of Puuhina Street, approximately 200 feet south of its intersection with Waianuenue Avenue, Piihonua, South Hilo, Hawaii, TMK: (3) 2-3-025:025. 2. APPLICANT: MICHAEL BLAIR AND KEIKO SHEWMAKER (SPP 19-000206) Application for a Special Permit to allow a commercial establishment with a sculpture garden, gallery, gift shop and cafe on 3.489 acres of land in the State Land Use Agricultural District. The subject property is comprised of two adjacent parcels, located at 28-209 and 28-227 Kula`imano Homestead Road, approximately 800 feet from the intersection with Old Mamalahoa Highway, Pepe`ekeo, Hawaii, TMK: (3) 2-8-006:007 (Por) & (3) 2-8-006:035 (Por). 3. APPLICANT: EARL AND JOLENE LANNING (SPP 19-000207) Application for a Special Permit to allow the establishment of a lunch wagon and related improvements on 13,135 square feet of land in the State Land Use Agricultural District. The subject property is located on the south (mauka) side of Waipi`o Valley Road just north of its intersection with Kukuihaele Road, and about 800 feet east of the entrance to Waipi`o Valley, Lalakea, Hamakua District, Hawaii, Tax Map Key: (3) 4-8-004:024. 4. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Articles 2 and 5 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to amusement and recreation facility, indoor within the Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial (MG) zoning districts and relating to major outdoor amusement and recreation facilities in the Single -Family Residential (RS), Double -Family Residential (RD), Multiple -Family Residential (RM) and Neighborhood Commercial (CN) zoning districts. MINUTES Approval of the Minutes of the July 11, 2019 Windward Planning Commission meeting. ADMINISTRATIVE MATTERS Summary of the Discussion on Permit and Ordinance condition deadlines and consequences of not complying with condition deadlines. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimony According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Public testimony can be submitted by mail or email. Those submitting written testimony at the meeting or by mail should provide fifteen (15) copies for distribution. Public testimony submitted by mail, should be mailed to the Windward Planning Commission at the Planning Department office addresses in Hilo and Kona listed below. Mailed testimony should be provided at least one week prior to the hearing date to allow for mailing and thorough Commission review. Public testimony that is submitted by email to planning@hawaiicounty.gov, should be submitted before 4:30 p.m. two days prior to the Commission meeting. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. 2 Pursuant to 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. 1, 2, and 3 above is required to file a written request which must be received in 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 be in conformity with Rule 4, in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The written petition/request shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720, and accompanied by a filing fee of $200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased ($2.50) at the above-cited location. Rule 4 may also be viewed at the County of Hawaii Planning Department website under Resources and References (http://www.hiplanningdept.com) 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. Copies of the applications are on file and open to inspection during office hours at the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawaii. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting, please contact Sarah Hata-Finley (961-8157) or Jeffrey Darrow (961-8158) of the Planning Department as soon as possible, but no later than five days prior to the meeting date, to arrange for accommodations. "Other reasonable modification" refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawai `i County is an Equal Opportunity Provider and Employer WINDWARD PLANNING COMMISSION JOSEPH CLARKSON, Chairman (Hawai`i Tribune Herald: Friday, July 12, 2019) (West Hawaii Today: Friday, July 12, 2019)