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HomeMy WebLinkAbout2023-06-30 Ack Letter Darren Miller CCH Petition (PL-CCH-2023-016) Mitchell D. Roth o��sY,oF�'`rt Zendo Kern Mayor Ilig, Director Lee E. Lord Jeffrey W. Darrow Managing Director , Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 June 30, 2023 Darren Miller 13-2049 Lolia Place Pahoa, HI 96778 Dear Mr. Miller: Special Permit Application No. PL-SPP-2022-000016 Applicant: Robert J. Silber Subject: Acknowledgment of Petition for Standing in a Contested Case Hearing (PL-CCH-2023-000017) Tax Map Key: (3) 1-3-002:140; Pohoiki, Puna, Hawaii This is to acknowledge receipt on June 27, 2023, of the Petition for Standing in a Contested Case Hearing that you filed with the Planning Department. The petition will be forwarded to the Windward Planning Commission for their consideration. The hearing on this matter, among others, will be held beginning at 9:00 a.m. on Friday, July 7, 2023, at the Hawaii County Council Chambers, 25 Aupuni Center, Hilo, Hawaii. Your presence, or the presence of your representative will be required in person at the hearing to respond to questions that the Windward Planning Commission may have regarding the petition for standing. Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case Hearing Procedure) for information about the contested case process. The rules can be found on the Planning Department website at: hLtps://www.planning.hawaiicouniy_.gov/about-us/boards- committees/planning-commission-applications www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(u),hawadcounty.gov Darren Miller June 30, 2023 Page 2 If you have any questions,please feel free to contact Jessica Andrews at(808) 961-8155. Sincerely, 2ff e y N. 'Damw Jun 30, 2023, 12:24 PM JEFFREY W. DARROW Deputy Planning Director MJJ:mad \\COHO 1\p1anning\pub1ic\wpwin60\Je s sica\Letters\Mi11er-PL-SPP-2022-000016-AckReceiptForConte stedCasePetition.doc cc w/copy of petition: Windward Planning Commission via e-mail Sinclair Salas-Ferguson, Esq., Deputy Corporation Counsel via e-mail Suzanna Tiupula, Esq., Deputy Corporation Counsel via e-mail Jean Campbell, Esq., Deputy Corporation Counsel via e-mail John Pipan, Land Planning Hawaii, for Robert J. Silber via e-mail PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 1 of 2) NAME: �A(Z1;1"( i Ki U&(� ADDRESS: — t/U L� -P PHONE NO.: `— APPLICANT/ ` DOCKET NO.:P L— S P P- Zo"L2-- ©O O D C 6 A. Is your interest in this matter clearly distinguishable from that of the general public? Yes ✓ 11 No If the answer is "yes", please explain If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No If the answer is "yes", please explain: Appendix A r- �O O s m 4 Z 3Z z Qz i'Q � +zf Gzf Gzlv6S000A Z o z r X a g mt> a mO x O m 0 - Q t�i m m o z Y m7pOO�^Sq O � Nz m y C ? m m y Jig 10 IN \ g6 � z D �g V a N E� zX c I � LAND* m mm r z mD PLANNING HAWAI I LLC m PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes No If the answer is "yes", please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement. Petitioner's Signature STATE OF HAWAII ) SS. COUNTY OF HAW,��AAAII ) On this I d' day of �U 20�, before me person,lly appeared -Wrw all w , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. N`�qq 11111111 M q 1�1�j'' NE 1(q'%,,� Af VY P�et.��t� . c�; = Notary Public, State of Hawaii P,.• • No.22-153 M commission ex ires: � � l a� . c�A RY G 9y y�sj.• P♦ r— ��i rF rn P \"NOTARY PUBLIC CERTIFICATION •_ �• 6armalne K.Ahy a ill J id it it _ Doc. 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D -ING � 00 w00 00 00 W A a 00 00 00 ,.r tD O V 00 00 00 00 N 00 V O 00 0) 00 00 A Ln V n 0 0 0 O O w D N (D C) A O O O to D 00 A A A 0 to tO H W A H A to 'A Co A A A O A C) C) t.o to A Ul 00 L m O 0 O N cNn rn H N 0) Ln H AFFIDAVIT OF Katrina Kern,being first duly sworn, on oath deposes and says that pursuant to the County of Hawai'i Zoning Code, Section 25-2-4, letters serving as second notification to the attached list of surrounding property owners within 500 feet of all boundaries of the parcel of land identified by TMK: (3) 1-3-002:140 in conjunction with the landowner's application for a Special Permit were mailed on October 25, 2022 The letter and list of surrounding property owners are attached. Further affiant sayeth not. ��J IPAN y�+iydY�iPl/ `e .�,.......��•�/ems Subscribed and sworn to before me this day of October 2022. Q '°•1p -- L.r— — KIMBER Y . �HIODO �a ,�,� a My commission expires: OA A log, jo, `♦ •��N..as...� �O Doc Date: 1U�2 5A7 Z #Pages: Name: Kimberly A.Chiodo Third Circuit Doc.Description: ' , QLQ Q F_ � o Notary Signature Date NOTARY CERTIFICATION ,I WESTERN UNION FINANCIAL SERVICES INC.-ISSUER-Denver,Colorado MONEY Payable at Wells Fargo Bank Grand Junction-Downtown,N.A.,Grand Junction,Colorado O R D E R 19-506856383 T 1920 78 NOT GOOD OVER$500 sl PAY EXACTLY ' I '�1 rNEPRl,if k i] r zPlrt !kQ s s . _� r,L PAY TO THE i �C��' (9 jiv� ' PAYMENT FOR/ACCT. ORDER OF v fY runcwsu W�. fcx ixE nevwvawc 1: 10 2 1001-001: 40 19 5068 56 38 3 111• i 1 DATE-_ a No. f RECEIVED FROM--paYYQI(� M�11Zr s ���'00 :1 V Y m DOLLARS i O FOR RENT FOR 6 ACCOUNT O CASH O CHECK PAYMENT O MONEY FROM TO ORDER BAL.DUE O CREDIT + CARD BY 3-11 r LAND" .: PLANNING 194 Wiwoole St. Hilo,HI 96720 (808) 333-3393 H AWA I I L L C info@landplanninghawaii.com October 26, 2022 Mr. Jeffrey Darrow, Deputy Director = _ Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Notice of Submittal: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, PAhoa,Puna,Hawaii TMK: (3) 1-3-002A4:1 In accordance with the Hawaii County Code Section 25-2-4, a second notification was mailed on behalf of the applicants of the subject parcel to surrounding property owners of interest located within 500 feet of the perimeter boundary of the subject parcel. This second notice informs the surrounding property owners of the submittal of the above referenced application and of their right to submit a written request for a contested case procedure. This notice also informs the surrounding property owners of the time and date of the hearing. The property is located at 13-2060 Lolia Place, approximately 900 feet northwest of its intersection with Kalapana-Kapoho Beach Road,Kamaili,Pahoa, Puna, Hawaii. A copy of the notice with the Petition for Standing in a Contested Case Hearing form,the list of surrounding property owners'tax map key numbers,names and mailing addresses and an affidavit certifying the letters were mailed is attached as proof of mailing on or about October 25,2022. We trust that everything is in order for your acceptance and processing of this notification. If not, or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator Land Planning Hawaii LLC Enclosures DATE: October 25, 2022 TO: Surrounding Property Owners FROM: Land Planning Hawaii LLC 194 Wiwo`ole Street, Hilo, HI 96720 RE: Notice of Submittal of Application and Planning Commission Hearing Special Permit Request {PL-SPP-2022-000016) Nature of Request: To Legitimize the Operation of a Holistic Education Center Applicants: Robert J. Silber TMK: (3) 1-3-002:140 This notice is being sent in accordance with the County Zoning Code, Section 25-2-4 and Planning Commission Rule Nos. 4 (Contested Case Procedure) and 6 (pedal Permit) which require property owners within 500 feet of the perimeter boundary of the subject parcel be notified of the submittal of this application, and eventually, of the public hearing. This is only a notification to you as a surrounding property owner and does not require a response. Please be informed this office filed a Special Permit Application with the Hawaii County Planning Department on August 24, 2022, on behalf of the applicant, Robert J. Silber, and on September 7, 2022 the Planning Department acknowledged receipt of the application. The applicant is requesting a Special Permit that will allow for the operation of a holistic education center on the 8.134-acre parcel of land. The property is located at 13-2060 Lolia Place, approximately 900 feet northwest of its intersection with Kalapana- Kapoho Beach Road in Puna(see attached location map). If approved, the applicant will operate a holistic education center which will offer yoga,meditation, environmental sustainability,permaculture, and personal improvement classes as well as host retreats and yoga teacher trainings on the property. The classes and retreats are intended be held alongside and in conjunction with the existing agricultural activities on the property(see proposed site plan). This application, among others, will be heard by the Windward Planning Commission at the Hawai'i County Council Chambers located at 25 Aupuni Street in Hilo, HI on Thursday,November 3, 2022 beginning at 9:00am. To provide input on this matter, you may: a. Provide written testimony to the Commission prior to the public hearing or verbally at the public hearing; and/or b. Request for a contested case hearing. Should you seek to intervene as a party to this hearing, you must file a written request on the attached form, "Petition.for Standing in Contested Case Hearing," no later than 7 calendar days prior to the Commission's first hearing on this matter. The notarized petition form, together with a$200 filing fee shall be submitted online via County of Hawai'l Electronic Processing and Information Center(EPIC) https://hawaiicountyhi-energovpub.tylerhost.net/Apps/Selfseivice#/login -The primary way to view or testify at this meeting will be 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 Provide 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: https://www.zoomg.ov.com/meeting/register/vJlsd-uri.zIvH3Uu1g85D_e7y 1 I3tHDg0EA Optional Alternative to View Meeting: https://www.youtube.com/channel/UCAFoRMb3rf WLQMPd6TAkEGA?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 application is available for review at the County Planning Department, 101 Pauahi Street, Hilo, HI 96720. The Planning Director's background report (including application) and recommendation report will be available for review at www.planning.hawaiicounty.gov prior to the meeting. Thi3 information can also be requested by sending an email to WPCtestimony@hawaiicounty.gov or by calling 961-8288. Should you have any questions on this matter,please feel free to contact this office at 808-333-3393 or the County Planning Department at 808-961-8288. Thank you very much. Enclosures t» rx,,. xz� ' i-.�nl� 4 �r -•� -eA •�y � .j � � .:, z '�.; 6,,i.,,�11� #.. 7 t }4 q YM gjKv It t Pi 3 °aa y14 r- . a 9 0� d � —i � c f ,�' r � x:t a, Ala l. y n'= 3`Gi �, r@ c� 'U U) •' ' a. a ..lei 4 a f i >w, n w a � `• A n< : y'orbtiypr � .yM,rw•rsw Y N, -