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Home My WebLink About2020-02-06 Windward Planning Commission AgendaCounty of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 AGENDA Thomas Raffipiy, Chair John Replogle, Vice Chair Gilbert Aguinaldo Dean An Joseph Clarkson Donn Dela Cruz 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, February 6, 2020 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: PLANNING DIRECTOR INITIATED (VINCENT TAU REZ 13-000167) The Planning Director has initiated rezoning of the property from Multi -Family Residential- 1,500 square feet (RM -1.5) to Single -Family Residential- 7,500 square feet (RS -7.5) due to the landowner's non-compliance with Conditions B and R of Ordinance No. 14-056, which became effective May 12, 2014 to change the zoning of the subject property from Multi -Family Residential- 2,500 square feet to Multi -Family Residential - 1,500 square feet. The subject property is located at 364 Hualalai Street, east of the Hale Nani Street- Hualalai Street intersection, South Hilo, Hawaii, TMK: (3) 2-4-028:009. 2. 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 Harry Kim w Of.! Mayor i. 1,TF OF 10;0 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 Thomas Raffipiy, Chair John Replogle, Vice Chair Gilbert Aguinaldo Dean An Joseph Clarkson Donn Dela Cruz 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, February 6, 2020 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: PLANNING DIRECTOR INITIATED (VINCENT TAU REZ 13-000167) The Planning Director has initiated rezoning of the property from Multi -Family Residential- 1,500 square feet (RM -1.5) to Single -Family Residential- 7,500 square feet (RS -7.5) due to the landowner's non-compliance with Conditions B and R of Ordinance No. 14-056, which became effective May 12, 2014 to change the zoning of the subject property from Multi -Family Residential- 2,500 square feet to Multi -Family Residential - 1,500 square feet. The subject property is located at 364 Hualalai Street, east of the Hale Nani Street- Hualalai Street intersection, South Hilo, Hawaii, TMK: (3) 2-4-028:009. 2. 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. NEW BUSINESS — 9:30 a.m. 3. APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000081) Application for a Use Permit to allow the construction of a non -manned telecommunication facility consisting of a 180 -foot tall monopole and related equipment within a 2,500 -square foot portion of a 9.65 -acre property situated in the County's Agricultural zoning district. The subject property is located north of Kua`aina Road, approximately 0.5 miles from the intersection with Volcano Road (Highway 11), Kea`au, Puna, Hawaii, TMK: (3) 1-7-031:031. 4. APPLICANT: NEW LINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY (USE 19-000082) Application for a Use Permit to allow the construction a non -manned telecommunication facility consisting of a 105 -foot tall monopine with related equipment within a 1,054 - square feet portion of a 20 -acre property situated in the County's Open zoning district. The subject property is located northeast of the Maku`u Drive -171h Avenue intersection in the Hawaiian Paradise Park subdivision, Kea`au, Puna, Hawaii, TMK: (3) 1-5-023:040. NEW BUSINESS —10:00 a.m. 5. APPLICANT: PETER S. GOLDEN TRUST& KATHLEEN H. GOLDEN TRUST (AMEND USE 168) Application to amend Use Permit No. 168 to allow an additional two bedrooms for a total of a four-bedroom Bed and Breakfast establishment on 60,000 square feet of land in the Single -Family Residential zoning district. The subject property is located on the northeast corner of the Ruby Avenue -121h Street intersection, Mauna Loa Estates subdivision, Volcano, Puna, Hawaii, TMK: (3) 1-1-011:008. 6. APPLICANT: VLADIMIR AND NADEZHDA ZOSIM (SPP 19-000208) Application for a Special Permit to allow the construction and operation of an adult day care facility on 1.001 acres of land in the State Land Use Agricultural District. The subject property is located on Lotus Blossom Lane in Hawaiian Ocean View Estates, approximately 200 yards from the intersection with Mamalahoa Highway, Ocean View, Ka`u, Hawaii, TMK: (3) 9-2-084:048. MINUTES Approval of the Minutes of the January 8, 2020 Windward Planning Commission meeting. ADMINISTRATIVE MATTERS Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. ANNOUNCEMENTS 2 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. Contested Case Procedure: 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 Items No. 3, 4, 5, & 6 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 THOMAS RAFFIPIY, Chairman (Hawai`i Tribune Herald: Friday, January 17, 2020) (West Hawaii Today: Friday, January 17, 2020) (Star Advertiser: Friday, January 17, 2020) (The Maui News: Friday, January 17, 2020) (The Garden Island: Friday, January 17, 2020) rd