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Home My WebLink About2021-08-05 Windward Planning Commission Agenda Mitchell D.Roth John Replogle,Chair Mayor Gilbert Aguinaldo,Vice Chair Dean Au Joseph Clarkson ATF Of M�� Michelle Galimba Dennis Lin County of Hawaii Thomas Raffipiy 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 Commission's Rules of Practice and Procedure. Based on the Governor's Twenty-First Proclamation Related to the COVID-19 Emergency dated June 7, 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, August 5, 2021 TIME: 9:00 a.m. PLACE: This meeting will be held by interactive video conference via 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 Melissa Dacayanan-Salvador at Melissa.Dacayanan@hawaiicounty.gov or 808-961-8156 no later than 4:30 p.m. on Tuesday, August 3, 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 WPCtestimony@hawaiicounty.gov or submitted at the Hilo or Kona Planning Department locations 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 Melissa Dacayanan- Salvador at Melissa.Dacayanan@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. CALL TO ORDER APPROVAL OF MINUTES STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS NEW BUSINESS 1. APPLICANT: HAWAII ISLAND HUMANE SOCIETY (Amend SPP 387) Request to amend Special Permit No. 387 to allow the construction of a new 1,975 square foot dog pavilion to house an additional 30 dogs, a 762 square foot exercise area, three offices with 392 square feet of new space, modifications to the exterior of the existing facility to provide for a consistent facade and related improvements. Additionally, once the new pavilion is constructed, the applicant is requesting to demolish an existing, 1,600 square foot, 17-kennel structure and expand the exercise and training area by the same land area. Special Permit No. 387 was approved in 1978 to legitimize and expand the Hawaii Island Humane Society use on approximately 2.69 acres of land within the State Land Use Agricultural district. The subject property is located at 16-873 Kea`au-Pahoa Road (Route 130), approximately 1,500 feet southeast of its intersection with the Kea`au-Pahoa Bypass Road, Kea`au, Puna, Hawaii, TMK: 1-6-003:074. UNFINISHED BUSINESS 2. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/ COMMUNITY BASED EDUCATION SUPPORT SERIVES (CBESS) (SPP 12-000138) Discussion and action limited to the procedural question on whether the Windward Planning Commission will make a decision on the record as presented or open the record to hear new evidence regarding Special Permit SPP No. 12-000138, which was remanded back to the Windward Planning Commission by Intermediate Court of Appeals for further proceedings consistent with its January 31, 2020 Memorandum Opinion vacating the County of Hawaii Windward Planning Commission's May 12, 2014 Decision and Order, which denied Special Permit SPP No. 12-000138. The subject Special Permit sought to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo, Hawaii, TMK: 2-5-006:141. ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. ANNOUNCEMENTS 1. The Windward Planning Commission's next monthly meeting is scheduled for Thursday, September 2, 2021 by interactive video conference via Zoom. 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 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 WPCtestimony@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 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 WINDWARD PLANNING COMMISSION John Replogle, Chair (Hawai`i Tribune Herald: Friday, July 16, 202 1) (West Hawaii Today: Friday, July 16, 2021)