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Home My WebLink AboutWPC January 10 Agenda NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I Thursday, January 10, 2013 Agenda NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawai‘i 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 Hawai‘i, and the Planning Commission’s Rules of Practice and Procedure. DATE: Thursday, January 10, 2013 TIME: 9:00 a.m. PLACE: County of Hawai‘i Aupuni Center Conference Room 101 Pauahi Street, Hilo, HI 96720 STATEMENTS FROM THE PUBLIC – Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS – 9:00 a.m. APPLICANT: AGUINALDO 4, LLC (REZ 12-159) 1. Application for a Change of Zone from a Single-Family Residential–10,000 square feet (RS-10) to a Village Commercial–20,000 square feet (CV-20) zoning district for approximately 1.545 acres of land. The subject property is located at the southeast corner of the intersection of Pāhoa-Kalapana Road (Highway 130) and Pāhoa-Kapoho Road (Highway 132), east of Pāhoa High School at Kaniahiku Homesteads, Puna, Hawai‘i, TMK: 1-5-003:037. APPLICANT: PARADISE HELICOPTERS (SPP 12-143) 2. Application for a Special Permit to allow the construction and establishment of a helicopter landing area on a 10,000 square-foot portion of a 1.003-acre parcel situated within the State Land Use Agricultural District. The property is located at the southwestern corner of Plumeria Street and Hoku Avenue in Royal Gardens Subdivision, Puna, Hawai‘i, TMK: 1-1-114:022. APPLICANT: MATTHEW W. CASTRO (SPP 12-144) 3. Application for a Special Permit to allow the construction and operation of an approximately 225 square-foot certified cold kitchen facility for the preparation of dried fish on a one-acre parcel situated within the State Land Use Agricultural District. The subject property is th located along the southwest (mauka) side of 29 Avenue, approximately 1,200 feet from its intersection with Paradise Drive, Hawaiian Paradise Park Subdivision, Puna, Hawai’i, TMK: 1-5-033:130. NEW BUSINESS – 9:30 a.m. INITIATOR: COUNTY COUNCIL (Bill No. 291) 4. Bill No. 291 regarding a proposed amendment to Chapter 25, Article 6, Division 1 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development (P.U.D.). The purpose of Bill No. 291 is to clarify procedural guidelines, define the requirements of a P.U.D. permit, and to add the Planning Commission(s) and the County Council to the review and approval process for a P.U.D permit. Initiates amendments to Chapter 25 (Zoning Code), Article 6, Division 1, relating to P.U.D: Amends Section 25-6-1 relating to Purpose. Deletes Section 25-6-2 relating to Minimum land area required. Amends Section 25-6-3 relating to application for P.U.D. permit. Amends 25-6-4 relating to Notice of action on a P.U.D. application. Deletes Section 25-6-5 relating to Procedure for processing P.U.D. application when use not permitted in district. Amends Section 25-6-6 relating to Actions by director on P.U.D. permit applications and replaces it with Procedure for processing P.U.D. application, adds Section 25-6-7 relating to Conditions imposed on P.U.D., and Section 25-6-8 relating to Review and approval of final site plans. Deletes Section 25-6-10 relating to Criteria for granting a P.U.D. permit. Replaces Section 25-6-11 relating to Height exceptions authorized with Construction in conformity with approved final site plans, and Section 25-6-12 relating to Approval of variances, use permits and plan approvals issued under P.U.D. permit with Plan approval issued by approval of final site plans. Amends Section 25-6-13 relating to Effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to Time extension and amendments. Amends Section 25-6-15 relating Appeals to Appeal of director's actions on P.U.D. final site plans. INITIATOR: PLANNING DIRECTOR 5. Amendment to Chapter 25, Article 6, Division 1 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development (P.U.D.). The purpose of the proposed bill is to clarify the purpose of a P.U.D., clarify procedural guidelines for submitting a P.U.D. application, define the requirements of a P.U.D. project, and to provide an opportunity for greater community involvement in the approval process for a P.U.D. permit. Initiates amendments to Chapter 25 (Zoning Code), Article 6, Division 1, relating to P.U.D. Amends Section 25-6-1 relating to purpose. Amends Section 25-6-3 relating to requirements of application for P.U.D. permit. Amends Section 25-6-4 relating to notice of action on P.U.D. application. Amends Section 25-6-5 relating to procedure for processing application when use not permitted in district. Amends Section 25-6-6 relating to actions by director on P.U.D. permit applications. Adds Section 25-6-7 relating to community meeting required prior to submittal of an application for a P.U.D. Amends Section 25-6-10 relating to criteria for granting a P.U.D. permit. Amends Section 25-6-11 relating to height exceptions authorized. Amends Section 25-6-12 relating to approval of variances, use permits and plan approvals issued under P.U.D. permit. Amends Section 25-6-13 relating to effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to time extensions and amendments. Amends Section 25-6-15 relating to appeals. 2 UNFINISHED BUSINESS – 10:00 a.m. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL 6. /CBESS (SPP 12-138) Continued hearing on an application for a Special Permit 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 Kaūmana Drive and adjoining the Pacific Plantation Subdivision in Kaūmana, South Hilo, Hawai‘i, TMK: 2-5-006:141. UNFINISHED BUSINESS – 1:00 p.m. INITIATOR: PLANNING DIRECTOR 7. Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Puna. MINUTES Approval of Minutes of the December 6, 2012 meeting ADMINISTRATIVE MATTERS 1.Discussion regarding letter dated August 2, 2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2.Discussion regarding letter dated August 8, 2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fund a health study for Puna to determine the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. 3.Status of applications heard by Windward Planning Commission that are pending before County Council. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimony: According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence 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. Written 3 testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4, Contested Case Procedure, of the County of Hawai‘i Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 2 & 3 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, Hawai‘i 96720, and accompanied by a filing fee of $200 payable to the Director of Finance. Any party 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 Hawai‘i website (http://www.co.Hawaii.hi.us). 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), Hawai‘i 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, 25 Aupuni Street, Room 1402, Hilo, Hawai‘i 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to inspection during office hours at the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai‘i and at the Planning Department–West Hawai‘i Office, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact Sharon Nomura (961-8155) or Daryn Arai (961-8142) of the Planning Department as soon as possible, but no later than five 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 DEAN AU, Chairperson (Hawaii Tribune Herald: Thursday, December 27, 2012) (West Hawaii Today: Thursday, December 27, 2012) 4