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Home My WebLink About2026-02-13 Board of Appeals Agenda • C. Kimo Alameda, Ph.D. •��°"vY •O •FF +ice' Cathy Lewis, Chair Mayor Rachel Able, Vice Chair ••�. �-s ;. John Kimura •r41E oi� � Scott Martin Maci Wilson County of Hawaii BOARD OF APPEALS Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 (808)961-8288 • Fax (808) 961-8742 AGENDA NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawai'i in accordance with the provisions of Chapter 92-7, Hawai'i Revised Statutes, as amended; Section 6-9.2 of the Charter of the County of Hawaii; and Rule 1-5 of the Board's Rules of Practice and Procedure. DATE: Friday, February 13, 2026 TIME: 9:30 a.m. PLACE: West Hawaii Civic Center Council Chambers, Building A 74-5044 Ane Keohokalole Highway, Kailua-Kona, HI 96740 Board of Appeals board members and applicants may attend via Zoom or in person. The public may provide verbal testimony by joining Zoom or via the physical location listed above. See "Submitting Testimony" below for more information. The public will be able to view and listen to the live meeting at: https://www.youtube.com/@cohplanningdepartment/streams. A full schedule of active Board of Appeals cases can be viewed on the Planning Department's website. This schedule is updated regularly and will reflect changes made subsequent to the publication of this agenda: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=103626. Minutes of the Board of Appeals meeting will be posted on the Planning Department's website. CALL TO ORDER STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Pursuant to HRS 92-3 interested persons that want to provide oral testimony may do so either at the time the board takes public statements on the agenda or at the time the specific agenda item is called or as otherwise allowed at the sole discretion of the Chair. OLD BUSINESS 1. DWIGHT VICENTE (PL-INT-2025-011330) PROPOSED ORDER REJECTING DEFECTIVE PETITION Appeal of Decision by the Planning Director, Date Unknown. Location: Ainaola Drive, Hilo, HI 96720 TMK: (3) 2-4-050:037 2. 1250 OCEANSIDE, LLC (PL-BOA-2024-000104) PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER Pursuant to Judgment on Appeal in 3CCV-25-0000025 Regarding an Appeal of Planning Director Declaratory Ruling Docket No. 24-0001 dated April 29, 2024, in Response to C & J Coupe Family LP Petition for Declaratory Ruling (PL-INT-2024-007028) dated February 7, 2024, and Supplement to Petition for Declaratory Ruling dated March 27, 2024, Regarding the Dedication of Mauka Haleki'i Extension, Makai Haleki'i Extension, and Connector Road to the County and a Request of Public Hearing. Location: Kealakekua, South Kona TMK: (3) 8-1-004:070 & 8-1-030:055 3. 1250 OCEANSIDE, LLC (PL-BOA-2024-000105) PROPOSED AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER Pursuant to Judgment on Appeal in 3CCV-25-0000028 Regarding an Appeal of Planning Director Declaratory Ruling Docket No. 24-0002 dated April 29, 2024, in Response to 1250 Oceanside LLC Petition for Declaratory Ruling (PL-INT-2024-007099) dated February 28, 2024, Regarding Planning Director Not Ruling Upon Certain Requests, and Related to the Dedication of Mauka Haleki'i Extension, Makai Haleki'i Extension, and Connector Road. Location: Kealakekua, South Kona TMK: (3) 8-1-004:070 & 8-1-030:055 NEW BUSINESS 4. MARK KELLBERG (PL-BOA-2025-000124) Appeal of Planning Director Denial of Petition for Declaratory Ruling Docket No. 25-0001 Dated July 18, 2025, in Response to Mark Kellberg's Petition for Declaratory Ruling (PL- INT-2025-010598) dated May 23, 2025, Regarding the Applicability of Various Sections of the Hawaii County Subdivision and Zoning Codes (HCC, Chapter 23 and 25) to a Subdivision Approved in 2005 (SUB-05-000064). Location: 32-977 Old Mamalahoa Highway, Ninole, HI 96773 TMK: (3) 3-2-002:034 EXECUTIVE SESSION With reference to the agenda items listed, one or more executive meetings may be anticipated. The Board may convene an executive meeting pursuant to Chapter 92-5(a)(4), Hawai'i Revised Statutes, as amended, for the purpose of consulting with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Pursuant to Chapter 92-4, Hawai'i Revised Statutes, as amended, and Rule 1-5(e), Board of Appeals Rules of Practice and Procedure, an affirmative 2/3 vote of the members present is necessary to hold an executive meeting. MINUTES Approval of the January 9, 2026, Board of Appeals hearing minutes. Approval of the January9, 2026, Board of Appeals hearing transcripts. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions —Corporation Counsel Status of outstanding petitions —Staff ANNOUNCEMENTS ADJOURNMENT SUBMITTING TESTIMONY To provide verbal testimony via Zoom, please use the link below to register no later than 4:00 p.m. on Wednesday, February 11, 2026. https://www.zoomgov.com/meeting/register/iT1cd 4jRlualtaThkRWCA Written testimony may be submitted via email at boardofappeals@hawaiicounty.gov, by mail, or in person. Mail or hand-deliver written testimony to Hilo Planning Department at 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 up to two business days prior to the hearing by 4:30 p.m. According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-5, any person desiring to testify shall indicate his or her name and residence address and indicate whether he or she is testifying on his or his own behalf, or as a representative of the applicant/appellant, or an organization. Documents provided to members of this board for this meeting is available for public inspection online at https://records.hawaiicounty.gov/Weblink/Browse.aspx?dbid=1&startid=109683 or during regular business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai'i and at the Kona office of the Planning Department, West Hawai'i Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai'i. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai'i 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), Hawai'i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawai'i County Building, 25 Aupuni Street, Room 1402, Hilo, Hawai'i 96720. If you need an auxiliary aid/service or other accommodation due to a disability, contact the Planning Department at (808) 961-8288 as soon as possible, and no later than five (5) working days prior to the meeting date. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this notice may be made available in alternate/accessible formats. CATHY LEWIS, CHAIRPERSON BOARD OF APPEALS Hawai'i County is an Equal Opportunity Provider and Employer