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Home My WebLink About2014-04-03 Windward Planning Commission Agenda AGENDA 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, April 3, 2014 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. 1.APPLICANT: 130 HOLDINGS LLC (Amend SPP 870) Amendments to Special Permit No. 870, which allowed the establishment of the Orchidland Trade Center on 2.311 acres of land situated within the State Land Use Agricultural District. The request seeks various amendments to Condition Nos. 2 (time to complete construction), 3 (design guidelines), 4 (water storage), 5 (access), 6 (intersection improvements), and 7 (hours of operation). The property is located within the Orchidland Estates Subdivision on th the northwest corner of Orchidland Drive and 34 Street, Orchidland Estates, Kea‘au, Puna, Hawai‘i, TMK: 1-6-10: 83. 2.APPLICANT: ASHLIN JARVIS (formerly CHARLES WITTIG) (Amend SPP 361) Amendment to Special Permit No. 361, which allowed the expansion of an antique store on 8,337 square feet of land situated within the State Land Use Agricultural District. The amendment is to allow the former Tinny Fisher Antique Shop to be used as a retail shop selling a variety of items including food and beverages prepared on-site. The property is located on the south (makai) side of Volcano Highway approximately 360 feet west of Kukui Camp Road, ‘Ōla‘a Reservation Lots, Puna, Hawai‘i, TMK: 1-7-010:011. 3.APPLICANT: OPEN ARMS COMMUNITY CHURCH (SPP-14-158) Application for a Special Permit to establish a church and related improvements on approximately one acre of land situated in the State Land Use Agricultural District. The property is located in Hawaiian Paradise Park Subdivision at the southwest corner of Maku‘u th Drive and Koali (12) Avenue, approximately 3 miles makai from the Kea´au-Pāhoa Road intersection, Kea´au, Puna, Hawai´i, TMK: 1-5-026:117. NEW BUSINESS – 9:30 a.m. 4.APPLICANT: KRISTIN JONES CREWS (USE 14-047) Application for a Use Permit to allow the establishment of a three-bedroom bed and breakfast operation within an existing three-bedroom dwelling and proposed one-bedroom ‘ohana dwelling situated on approximately 20,000 square feet of land within the Single-Family Residential (RS-20) zoning district. The property is located within the Mauna Loa Estates th Subdivision on the south (makai) side of 6 Street between Jade Avenue and Ruby Avenue, Volcano, Puna, Hawai‘i, TMK: 1-1-009:067. 5.INITIATOR: COUNTY COUNCIL Bill No. 182 amending Chapter 23, Article 4, Division 1, Section 23-61 of the Hawai‘i County Code 1983 (2005 Edition, as amended) relating to site visits for applications for Subdivisions. More specifically, the amendment will require the Planning Director or representative to conduct a site visit of property(ies) affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community. NEW BUSINESS – 10:00 a.m. 6.INITIATOR: PLANNING DIRECTOR Regarding non-compliance with Condition No. 8 and to assess compliance with other conditions of Use Permit No. 12-000034 that allowed the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS-10) zoning districts. Condition No. 8 prohibited construction of vertical project components until improvements to Kaūmana Drive were completed. The properties are located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5- 007:001, 008, 046 and 047. 7.APPLICANT: REGENCY SOUTH, INC. (Amend USE 12-034) Amendment to Use Permit No. 12-000034, which allowed the establishment of a 100-bed skilled nursing and rehabilitation center and related uses on 17.61 acres of land situated within the Single-Family Residential (RS-15 and RS-10) zoning districts. Condition No. 8 required improvements to Kaūmana Drive be completed prior to the start of construction of the vertical component of any structures on the property. The amendment is to modify Condition No. 8 to allow construction of on-site vertical project components at the same time as improvements to Kaūmana Drive. The properties are located on the east (makai) side of Kaūmana Drive between ‘Aipuni Street and Luana Way, Ponahawai, South Hilo, Hawai‘i, TMK’s: 2-5-006:012, 2-5-007:001, 008, 046 and 047. 2 The Commission anticipates convening an executive meeting regarding Item Nos. 6 and 7 above, pursuant to Section 92-5(a)(4), Hawai‘i 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 Hawai‘i Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e) is necessary to hold an executive meeting. MINUTES Approval of Minutes of the March 6, 2014 meeting ADMINISTRATIVE MATTERS 1.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 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 thru 4, and 7 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). 3 Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact Sarah Hata-Finley (961-8157) 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 RONALD GONZALES, Chairperson (Hawaii Tribune Herald: Saturday, March 15, 2014) (West Hawaii Today: Saturday, March 15, 2014) 4