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Home My WebLink About2021-01-07 Windward Planning Commission AgendaREV Mitchell D.Roth `Y OR.." John Replogle,Chair oM..f• ,, Mayor Gilbert Aguinaldo,Vice Chair Dean An Joseph Clarkson ,T4 OFNA� Thomas Raffipiy 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. Based on the Governor's Sixteenth Proclamation Related to the COVID-19 Emergency dated November 23, 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, January 7, 2021 TIME: 9:00 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, January 5, 2021. 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 no later 4:30 p.m. on Tuesday, January 5, 2021. (See Submitting Written 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 Melissa Dacayanan at Melissa.Dacayanan@hawaiicounty.gov. In the case of technical difficulties with the virtual meeting, the 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 —9:00 a.m. 1. APPLICANT: COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION (SMA 20-000077) Application for a Special Management Use Permit to conduct facilities upgrades and Americans with Disabilities Act(ADA) improvements at Kolekole Gulch Park on 5.5 acres of land situated within the Special Management Area. The subject property is located at the Kolekole Gulch Park, makai of Old Mamalahoa Highway and underneath and mauka of Hawaii Belt Road, Kuhua, South Hilo, Hawaii, TMK: (3) 2-8-015:015. 2. APPLICANT: KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC (SPP 20-000220) Application for a Special Permit to legitimize the operation of a meditation and ecological center and retreat on 10 acres of land situated within the State Land Use Agricultural District. The subject property is located at 13-260 Pohoiki Road, approximately 0.5 miles west, or mauka, of the intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-008:005. NEW BUSINESS —9:30 a.m. 3. APPLICANT: AT&T MOBILITY (USE 20-000084) Application for a Use Permit to allow the construction a non-manned telecommunication facility consisting of a 100-foot tall monopole with related equipment within a 1,050- square foot portion of a 441-acre property situated in the County's Agricultural zoning district. The subject property is located at 13-3820 Pahoa Kalapana Road (Highway 130) northwest(mauka) of the highway about 0.28 miles north of its intersection with Kam5'ili Road, Kam5'ili, Puna, Hawaii, TMK: (3) 1-3-001: portion of 007. MINUTES Approval of the Minutes of the December 3, 2020 Windward Planning Commission meeting. ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. 2. Discussion of creation of a new Planning Commission rule of practice and procedure related to procedures for recusal of a Commissioner. 3. 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. 2 ANNOUNCEMENTS ADJOURNMENT Submitting Written Testimon. 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 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 business days (excluding holidays)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, 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 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. 3 Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting, please contact Melissa Dacayanan-Salvador (961-8156) 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 JOHN REPLOGLE, Chairman (Hawai`i Tribune Herald: Friday, December 20, 2020) (West Hawaii Today: Friday, December 20, 2020) 4