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Home My WebLink About2020-12-17 Leeward Planning Commission Agenda JNZV OF oZ Harry Kim o°.'�� 'r, Nancy Carr Smith,Chair Mayor °' Perry Kealoha,Vice Chair ` Barbara DeFranco Max Newberg r�rE oi•N��' Mark Van Perris 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 Fifteenth Proclamation Related to the COVID-19 Emergency dated November 16, 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, December 17, 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 or plannin2(a,hawaiicounty.2ov no later 4:30 p.m. on Tuesday, December 15, 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: AOAO KONA REEF, INC. (SMA-20-000076/ SSV-20-000012) Applications for a Special Management Area (SMA) Use Permit and a Shoreline Setback Variance to construct a 220-foot long Concrete-Rubble-Masonry (CRM) wall approximately 1-foot inland (mauka) of the certified shoreline and within the shoreline setback area located seaward (makai) of the Kona Reef Condominium Complex on an approximately 2,500 square foot portion of a larger 3.08 acre parcel situated in the Special Management Area. The subject parcel is located at 75-5888 Alii Drive, Pua`a 3rd —Wai`aha 2"d,North Kona District, Hawaii, TMK: (3) 7-5-018:071. UNFINISHED BUSINESS—9:45 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. MINUTES Approval of the Minutes of the November 19, 2020 Leeward Planning Commission meeting. ADMINISTRATIVE MATTERS 1. Election of Officers for 2021. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. 3. Discussion of creation of a new Planning Commission rule of practice and procedure related to procedures for recusal of a Commissioner. 4. Discussion of amending the County Code to add a clause to allow for consideration of the passage of time and change in conditions when considering whether a permit should be extended. ANNOUNCEMENTS ADJOURNMENT Submitting Testimon. According to Rule I (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 party to a contested case hearing on Agenda Item No. I 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.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." f 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,November 27, 2020) (West Hawaii Today: Friday,November 27,2020)