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Home My WebLink About2020-10-15 Leeward Planning Commission Agenda JNSVfOF, Hanm y o° '� Nancy Carr Smith,Chair Mayor �V Perry Kealoha,Vice Chair Barbara DeFranco •— Max Newberg r�TE oF•M�+►` Mark Van Pernis Michael Vitousek County of Hawaii Faith"Faye"Yates LEEWARD 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 Leeward 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 Commission's Rules of Practice and Procedure. Based on the Governor's Twelfth Proclamation Related to the COVID-19 Emergency dated August 20, 2020, this meeting will be online until further notice. This is to prevent the spread of COVID-19 and to maintain physical distancing. DATE: Thursday, October 15, 2020 TIME: 9:30 a.m. PLACE: This meeting will be held by interactive video conference through WebEx. The public may provide oral testimony at the meeting by joining online or calling into the WebEx meeting. To register for access to the WebEx meeting please contact Rachelle Ley at Rachelle.Ley@hawaiicounty.gov or 808-961-8125 no later 4:30 p.m. on Tuesday, October 13, 2020. The public may observe the meeting by viewing a live stream on YouTube at: https://www.youtube.com/channel/UCAFoRMb3rfWLQMPd6TAkE GA?view as=subscriber The public may provide written testimony via email at planning@hawaiicounty.gov or submitted at the Hilo or Kona Planning Departments up to two business days prior to the hearing by 4:30 p.m. (See Submitting Testimony below). The Planning Director's background report (including application) and recommendation report for each agenda item will be available for review at www.planning.hawaiicounty.gov prior to the meeting. This information can also be requested by sending an email to Noriko Sauer at Noriko.Sauer@hawaiicounty.gov In the case of technical difficulties with the virtual meeting, a recording of the meeting will be posted at www.planning.hawaiicounty.gov no later than 24 hours after the conclusion of the meeting. NEW BUSINESS —9:30 a.m. 1. APPLICANT: PUAKEA RANCH DBA KUPUNAKANE RANCH LLC (SPP 20-000219) Application for a Special Permit to operate Puakea Ranch as a Guest Ranch on a 14.9-acre portion of a 32.411-acre parcel situated in the State Land Use Agricultural District. The subject property is located mauka of Akoni Pule Highway south of Hawi Town, Puakea, North Kohala, Hawaii, TMK: (3) 5-6-001: Portion of 082. NEW BUSINESS —10:00 a.m. 2. APPLICANT: DPM ACQUISITION LLC DBA DIAMOND RESORTS INTERNATIONAL (FORMERLY PACIFIC MONARCH RESORTS, INC.) (AMEND SMA 388) Application to amend Condition No. 2 (Time to Complete Construction) of Special Management Area Use Permit No. 388, which was issued in 1998 to allow the development of a commercial/condominium complex and related improvements on 76,739 square feet of land. The property is located on the makai side of Ali'i Drive bounded by Ali'i Drive and Kahakai Road, south of Royal Kona Resort and north of Kona Reef Condominium, Pua`a 3rd, North Kona, Hawaii, TMK: (3) 7-5-018:011. NEW BUSINESS —10:30 a.m. 3. APPLICANT: PALAMANUI GLOBAL HOLDINGS LLC (AMEND REZ 05-000010) Application to amend Condition V(Scope and Timing of Road Improvements) and Condition S (Scope and Timing of Park Improvements) of Ordinance No. 09-132, which amended Ordinance No. 06-105, which rezoned 725 acres from an Agricultural- 3 acres (A-3a) and Open to a Project District zoning district for a mixed-use development known as the Palamanui Development. The property is located northeast of the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Kau, North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. 4. APPLICANT: PALAMANUI GLOBAL HOLDINGS LLC (AMEND REZ 09-000094) Application for a time extension to Condition E(Secure Final Subdivision Approval) of Ordinance No. 09-131, which rezoned 29.92 acres from the Project District(PD)to Industrial-Commercial Mixed-20,000 square feet(MCX-20) zoning district in 2009. The property is part of the proposed Palamanui development located northeast of the Kona International Airport at Keahole, between Queen Ka`ahumanu Highway and Makalei Estates Subdivision, Kau, North Kona, Hawaii, TMK: (3) 7-2-005: Portion of 001. NEW BUSINESS —11:00 a.m. 5. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 2, Division 6 of the Hawaii County Code 1983 (2016 Edition, as amended), to update the time and revocation requirements for the Windward Planning Commission and Leeward Planning Commission to act on and revoke a Use Permit to be consistent with the Planning Commission Rules of Practice and Procedure. 6. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to definitions, use permit requirements, off-street parking requirements, and zoning district regulations for medical clinics and massage, acupuncture, chiropractic and other small- scale health service facilities. MINUTES Approval of the Minutes of the September 21, 2020 Leeward Planning Commission meeting. ADMINISTRATIVE MATTERS ANNOUNCEMENTS ADJOURNMENT Submitting Testimony According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit 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 by mail should provide fifteen (15) copies for distribution. Public testimony submitted by mail, should be mailed to the Leeward 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 parry to a contested case hearing on Agenda Item Nos. 1 and 2 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 parry 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.planning.hawaiicounty.gov). 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. Board Packet: Pursuant to Hawaii Revised Statutes Section 92-7.5, the board packet provided to members of this board for this meeting is available for public inspection during regular business hours at the Hilo office of 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 the Planning Department at 961-8288 as soon as possible, but no later than five working 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 LEEWARD PLANNING COMMISSION Nancy Carr Smith, Chair (Hawai`i Tribune Herald: Friday, September 25, 2020) (West Hawaii Today: Friday, September 25, 2020)