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Home My WebLink About2022-10-20 Leeward Planning Commission Agenda Mitchell D.Roth �tY of Michael Vitousek,Chair gyp;'.•,� ."''.y,, Barbara DeFranco,Vice Chair Mayor Michael Dela Cruz +° Clement"CF Kanuha III Zaheva Knowles •f,T�OF•N^fir Mahina Paishon-Duarte County of Hawaii 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, Hawai`i Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii; and Planning Commission Rules of Practice and Procedure. DATE: Thursday, October 20, 2022 TIME: 9:00 a.m. LOCATION: West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway,Kailua-Kona, Hawaii This is an in-person meeting, and the Leeward Planning Commissioners and applicants will participate in person. The primary way to view or testify at this meeting is in-person; however, as a courtesy to the public, the Commission provides the following additional ways to view or testify remotely at this meeting. Optional Alternative to Present Remote Oral Testimony: The public has the option to provide verbal testimony at the meeting by joining Zoom. To provide verbal testimony via Zoom, please use the link below to register, no later than noon on the day prior to the meeting: hnps://www.zoom gov.com/meeting/register/vJItf-6upz4tE2mpaKwYbcZ7Z SpUPjZHmdc Optional Alternative to View Meeting: hiips://www.youtube.com/channel/IJCAFoRMb3rfWLQMPd6TAkEGA?view_ as=subscriber (Please note, as this is an in-person meeting, the hearing will proceed if the Zoom and/or YouTube connections fail.) The Planning Director's background report(including application) and recommendation report for each agenda item will be available for review at www.planning.hawaiicouniy.gov prior to the meeting. This information can also be requested by sending an email to LPCtestimony@hawaiicouniy.gov or by calling 961-8288. CALL TO ORDER APPROVAL OF MINUTES Review and Approval of the August 18, 2022 Leeward Planning Commission Minutes. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Members of the public may provide public testimony regarding any agenda item now or at the time the agenda item is called to order. UNFINISHED BUSINESS—9:00 a.m. 1. APPLICANT: DWAYNE CRAVALHO (REZ 21-000248) Application for a Change of Zone from an Agricultural-20 acres (A-20a) to a Village Commercial-7,500 square feet(CV-7.5) zoning district for approximately 7,544 square feet of land. The subject property is located at 55-479 Hoea Road, at the northeast corner of the Hoea Road/Akoni Pule Highway intersection, Ka`auhuhu,North Kohala, Hawaii, TMK: (3) 5-5-009:019. NEW BUSINESS—9:30 a.m. 2. APPLICANT: SUNSHINE HOLDINGS, LLC (PL-REZ-2022-000032) Application for a five (5)-year time extension to Condition D (Final Subdivision Approval),Amend Condition E (Restrictive Covenants) and Condition F (Restrictive Covenants) to prohibit condominium property regimes (CPR) and to delete the requirement to provide a copy of the recorded covenant prior to receipt of final subdivision approval, deletion of Condition G(Requirement of Conservation Plans to be Filed with the Kona Soil and Water Conservation District), amendment to Condition I (Drainage Study), addition of a condition requiring compliance with Chapter 10 of the Hawaii County Code (Erosion and Sedimentation Control), deletion of Condition J (Archaeological Survey), and amendment to Condition M (Fair Share Requirements) of Ordinance No. 98 91,which reclassified 21.353 acres of land from an Agricultural 20- acres (A-20a) to an Agricultural 5-acre (A-5a) zoned district. The subject property is located at 73-1735 Kaloko Drive, approximately 720 feet southeast of its intersection with Kaloko Loa Place, Kaloko Mauka Subdivision, Kaloko,North Kona, Hawaii, TMK: (3) 7-3-025:012. 3. APPLICANT: GRETCHEN L WATSON-KABEI (PL-SPP-2022-000014) Application for a Special Permit for a home occupation to allow the use of a portion of an existing farm dwelling as a real estate office on approximately 75 square feet of a larger, 5.16-acre property within the State Land Use Agricultural District. The subject property is located at 75-1100 Kamalani Street, approximately 0.4 miles east(mauka) of its intersection with Mamalahoa Highway, Por. Hienaloli 1st-Pua`a 1st,North Kona, Hawaii, TMK: (3) 7-5-013:050. 4. INITIATOR: COUNTY COUNCIL (BILL NO. 194) (PL-CCI-2022-000002) An Ordinance amending Chapter 25, Article 2, Division 4, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to conditions on change of zone actions. The purpose of this amendment is to clarify that the Planning Director may not extend the 2 time allowed to satisfy conditions within a change of zone ordinance unless specifically authorized by the County Council. PLANNING DIRECTOR'S REPORT Report on Status of the Ali`i Corridor(Kahului - Keauhou Parkway) Project. Report on Special Management Area(SMA) determinations and minor permits issued by the Planning Director. AGENDA ITEMS FOR NEXT MEETING ANNOUNCEMENTS The Leeward Planning Commission's next monthly meeting is scheduled for Thursday, November 17, 2022 at the West Hawaii Civic Center, Community Center, Building G conference room and the public can testify via Zoom and watch the meeting on YouTube. ADJOURNMENT Submitting Written Testimon. Pursuant to Hawaii County Planning Commission Rules of Practice and Procedure (PC), Rule 1, General Rules, 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 one copy 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 under Board Packet. It is preferable that 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@hawaiicounly.gov, should be submitted before 4:30 p.m. two (2)business days prior to the Commission meeting. Public attendees may present written testimony at the meeting without prior submission. Additionally, pursuant to Rule 1,the Chairperson may limit testimony that is irrelevant or unduly repetitious. Contested Case Procedure: Pursuant to PC 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. 3 above is required to file a written request which must be received by 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 conform with the PC Rule 4-6(a), relating to Prehearing Procedure on a form as provided by the Planning Department entitled"Petition for Standing in a Contested Case Hearing." The notarized petition form and a filing fee of$200 shall be submitted online via County of Hawaii Electronic Processing and Information Center(EPIC) at the following website: https://hawaiicouniyhi-energovpub.iylerhost.net/Apps/SelfService#/home. 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 3 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 forty eight (48) hours before the meeting date 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, or other accommodation due to a disability, please contact the Planning Department at 961-8288 or LPCTestimony@hawaiicounty.gov as soon as possible, but no later than five working days prior to the meeting date. If a request is received after October 13, 2022,we will try to obtain the auxiliary aid/service or other accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Hawai`i County is an Equal Opportunity Provider and Employer LEEWARD PLANNING COMMISSION Michael Vitousek, Chair (Hawai`i Tribune Herald: Friday, September 30, 2022) (West Hawaii Today: Friday, September 30, 2022) 4