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HomeMy WebLinkAbout2013-10-03 Windward Planning Commission Agenda NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I 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, October 3, 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: HAWAIIAN BREWERY DEVELOPMENT CO., INC. (SPP 842) 1. Amendment to Condition No. 5 (complete construction) of Special Permit No. 842, which allowed the development of a brewery, water and soft drink bottling facility on 14.587 acres of land situated within the State Land Use Agricultural District. The property is located east of Highway 11 (Volcano Highway) and north of Highway 130 (Kea‘au-Pāhoa Highway), Kea‘au, Puna, Hawai‘i, TMK: 1-6-141: 24, 27 and 28. APPLICANT: COCONUT COTTAGE BED AND BREAKFAST (SPP 753) 2. Amendment to Special Permit No. 753 to increase the number of permitted bed and breakfast bedrooms units from one (1) bedroom unit to four (4) bedroom units. Special Permit No. 753 was originally approved to allow the establishment of a one (1)-bedroom bed and breakfast operation within an existing dwelling situated on one acre of land within the State Land Use Agricultural District. The property is located along the south side of Leilani Avenue, one lot west of the Leilani Avenue-Kumukahi Street intersection within the Leilani Estates Subdivision, Keahialaka, Puna, Hawai‘i, TMK: 1-3-015:002. APPLICANT: CARNOR J. SUMIDA (SPP-08-053) 3. Request for a 10-year extension of time to Condition No. 2 (life of permit) of Special Permit No. 08-053, which allowed the establishment of a baseyard for trucks and trailers on 0.9-acre of land situated within the State Land Use Agricultural District. The property is located rd between Highway 130 (Kea‘au-Pāhoa Road) and 33 Avenue in Hawaiian Paradise Park Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-5-016:072. NEW BUSINESS – 9:30 a.m. APPLICANT: JON R. BOLNER (REZ 13-168) 4. Application for a Change of Zone from an Agricultural-20 acre (A-20a) to a Agricultural 5-acre (A-5a) zoning district for approximately 10.17 acres of land. The subject property is located on the makai side of the Old Māmalahoa Highway between the 25 and 26 mile marker, Waipunalei Homesteads, Waipunalei, North Hilo, Hawai‘i, TMK: 3-6-005: 003. APPLICANT: VINCENT T.C. TAI (REZ 13-167) 5. Application for a Change of Zone from a Multiple-Family Residential–2,500 square feet (RM-2.5) to a Multiple-Family Residential–1,500 square feet (RM-1.5) zoning district for approximately 3.292 acres of land. The subject property is located at the end of Hualālai Street, just west of the Hualālai Street/Hale Nani Street intersection, Waiākea, South Hilo, Hawai‘i, TMK: 2-4-028:009. APPLICANT: MICHELLE A. MITCHELL (USE 13-042) 6. Application for a Use Permit to allow the establishment of a medical clinic and accessory uses on 1.278 acres of land situated within the Multiple-Family Residential (RM-5.5) zoning district. The subject property is located on the south side of Ponahawai Street approximately 600 feet east of its intersection with Komohana Street, Ponahawai, South Hilo, Hawai‘i, TMK: 2-3-037:015. NEW BUSINESS – 10:30 a.m. APPLICANT: HU HONUA BIOENERGY LLC (SMA 221) 7. Discussion and action on the Third Circuit Court’s Order of Partial Remand to County of Hawai‘i Windward Planning Commission for Supplemental Proceedings filed August 27, 2013, for the narrow purpose of the Windward Planning Commission clarifying Condition Nos. 11 and 12 of its June 7, 2011 Decision and Order approving an amendment to Special Management Area Use Permit No. 221, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe‘ekeō Power Plant, Makahanaloa, South Hilo, Hawai‘i, TMK: 2-8-8:104 (formerly 2-8-7: Portion of 53). The Commission anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, for the purpose of consulting with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e) is necessary to hold an executive meeting. 2 MINUTES Approval of Minutes of the August 1, 2013 meeting ADMINISTRATIVE MATTERS 1.Status of applications heard by Windward Planning Commission that are pending before County Council. 2.Status of Contested Case proceedings for Connections New Century Public Charter School/CBESS Special Permit Application No. 12-000138 (SPP-12-138) 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 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. 1, 2, 3 & 6 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). 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. 3 Hawai‘i County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION WALLACE ISHIBASHI, Chairperson (Hawaii Tribune Herald: Friday, September 6, 2013) (West Hawaii Today: Friday, September 6, 2013) (Star Advertiser: Friday, September 6, 2013) (The Maui News: Friday, September 6, 2013) (The Garden Island: Friday, September 6, 2013) 4