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Home My WebLink About2021-05-20 Leeward Planning Commission Agenda JNtV OF M7jy Mitchell D.Roth °''�� " Michael Vitousek,Chair Mayor Max Newberg,Vice Chair Barbara DeFranco Clement"CJ"Kanuha III Nancy Carr Smith Mark Van Pernis 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 Nineteenth Proclamation Related to the COVID-19 Emergency dated April 9, 2021, this meeting will be online until further notice. This is to prevent the spread of COVID-19 and to maintain physical distancing. DATE: Thursday, May 20, 2021 TIME: 9:30 a.m. PLACE: This meeting will be held by interactive video conference through Zoom. The public may provide oral testimony at the meeting by joining online or calling into the Zoom meeting. To register for access to the Zoom meeting please contact Noriko Sauer at Noriko.Sauer@hawaiicounty.gov or 808-323-4783 no later 4:30 p.m. on Tuesday, May 18, 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 LPCtestimony@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. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS NEW BUSINESS 1. APPLICANT: ARNOLD RABIN (SPP 21-000224) Application for a Special Permit to allow the use of a portion of an existing farm dwelling as a real estate office on approximately 1.01 acre of land situated within the State Land Use Agricultural District. The subject property is located at 83-5365 Hawaii Belt Road, approximately 0.46 miles north of the Hawaii Belt Road/Middle Ke`ei Road intersection, Ke`ei 2nd, South Kona, Hawaii, TMK: (3) 8-3-010:089. 2. APPLICANT: JEKATERINA MYSIN (SMA 21-000078) Application for Special Management Area Use Permit to construct a six (6) unit, five (5) story condominium and related improvements on a 9,934 square foot lot situated within the Special Management Area. The subject property is located at 75-6150 Alii Drive, approximately 0.25 miles north of Royal Poinciana Drive, Puapua`a 2nd, North Kona, Hawaii, TMK: (3) 7-5-020:066. 3. APPLICANTS: TIMOTHY JOSEPH WARD & KAY LYNN WARD (SLU 21-000056) Application for a State Land Use Boundary Amendment from Agricultural to Urban for 3.992 acres of land. The subject property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4h, O`oma 1st, North Kona, Hawaii, TMK: (3) 7-3-005:015. 4. APPLICANTS: TIMOTHY JOSEPH WARD & KAY LYNN WARD (REZ 21-000246) Application for a Change of Zone from an Agricultural-5 acre (A-5a) and Agricultural 1- acre (A-la) to a Single-Family Residential 22,000 square feet(RS-22) zoned district for 3.992 acres of land. The subject property is located at 73-4350 Hawaii Belt Road, approximately 300 feet south of its intersection with Kaiminani Drive, Kalaoa 4h, O`oma 1st, North Kona, Hawaii, TMK: (3) 7-3-005:015. 5. APPLICANTS: MARIKO SAKITA & MARK H. MOZESON (SPP 21-000225) Application for a Special Permit to operate a four (4)-bedroom bed and breakfast establishment on approximately 3.925 acres of land within the State Land Use Agricultural District. The subject property is located at 59-270 Olomana Road, approximately 0.5 miles north(makai) of its intersection with Kohala Ranch Road, Kahua 1st, Kahua, Waika, North Kohala, Hawaii, Tax Map Key: (3) 5-9-011:067. 6. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 23 (Subdivision Code) and Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended). Amendments to Chapter 23 (Subdivision Code), Article 4, Article 5, and Article 6 relate to general provisions, final plat map and construction. Amendments to Chapter 25 (Zoning Code), Article 2 and Article 6 relate to general administration and time extensions and amendments for planned unit developments. The purpose is to amend language in the Subdivision Code and the Zoning Code in preparation for the Energov launch, which will change the process for submitting applications to the Planning Department. MINUTES Approval of the Minutes of the April 15, 2021 Leeward Planning Commission meeting. ADMINISTRATIVE MATTERS 1. CZM/SMA presentation by the State Office of Planning and Planning Department staff. 2. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. ANNOUNCEMENTS ADJOURNMENT Submitting 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 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 LPCtestimony@hawaiicounty.gov, should be submitted before 4:30 p.m. two business 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 No. 1, 2, and 5 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 Michael Vitousek, Chair (Hawai`i Tribune Herald: Friday, April 30, 2021) (West Hawaii Today: Friday, April 30, 202 1)