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Home My WebLink About2014-07-03 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, July 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: LK & RR ENTERPRISES, LLC (REZ 14-174) Application for a Change of Zone from Single-Family Residential-10,000 square feet (RS- 10) to Neighborhood Commercial-10,000 square feet (CN-10) for approximately 22,500 square feet of land. The property is located on the east side of Hīnano Street, approximately 100 feet south of its intersection with Hualani Street, Waiākea House Lots, Waiākea, South Hilo, Hawai‘i, TMK: 2-2-034: 072. 2.APPLICANT: JAS W. GLOVER, LTD. (SPP 14-162) Application for a Special Permit to allow the establishment of a new quarry site on approximately 85.338 acres of a 140.368-acre property situated within the State Land Use Agricultural District. The project site is located southeast of the Hawai‘i National Guard Site and Hilo International Airport and approximately 3,000 feet southwest of the County's Sewer Treatment Plant Site at Honohononui, South Hilo, Hawai‘i, TMK: (3) 2-1-013: Portion of 004. 3.APPLICANT: ASIA PACIFIC GROUP, LLC (FORMERLY POLOKE FARMS LLC) (AMENDMENT TO SPP 09-095) Amendments to Special Permit No. 09-000095, including a 1-year time extension to comply with Condition 2 (Secure Final Plan Approval); the deletion of all references for a weekly country market in Conditions 3, 4 & 8; reduce special events from 20 to 6 events (Condition 5); and rewrite Condition 6 (Definition of special events). The property is located along the north (makai) side of Highway 19 and east of the Waimea Country Club golf course near the 51-mile marker, Waikoekoe, Hāmākua, Hawai‘i, TMK: 4-7-007: 040. NEW BUSINESS – 9:30 a.m. 4.APPLICANT: AT&T MOBILITY (USE 14-048) Application for a Use Permit to allow the construction of a new telecommunication facility, including a 185-foot tall steel monopole with 8-foot tall panel antennas and related facilities within a 5,625 square-foot portion of a 2-acre parcel situated in the State Land Use Agricultural district and the County’s Agricultural 3-acre (A-3a) zoned district. The property is located on the northwest corner of the Rose Street and Hibiscus Street intersection, Crescent (Fern) Acres, Kea‘au, Puna, Hawai`i, TMK: 1-1-038: Portion of 002. 5.APPLICANT: SCOTT WATSON (Amend SMA 450) The applicant has submitted an application to amend Condition 11 of Special Management Area (SMA) Use Permit No. 450, which originally allowed the development of an 11-lot subdivision known today as the Pepe‘ekeō Point Subdivision. Condition 11 currently does not allow a house or other substantial structure to be built closer than 40 feet from the top of the sea cliff fronting the ocean. The amendment request is to change this building setback point of reference from the top of the sea cliff to the March 4, 2010 certified shoreline which is located makai, or seaward, of the sea cliff, and applicable to the applicant’s lot only (Lot 23). The subject property (Lot 23) is located at the end of Sugar Mill Road, just east of the Sugar Mill Road/Beach Road intersection, Pepe‘ekeō Point Subdivision, South Hilo, Hawai‘i, TMK: 2-8-008:151. 6.APPLICANT: HAWAIIAN ACRES COMMUNITY ASSOCIATION (SPP 845) Amendment to Special Permit No. 845 to allow additional uses within the community center, including a farmers market, and a one-year time extension to comply with Condition No. 4 (construction timeline of the community center and volunteer fire station). Special Permit No. 845 was originally approved to allow the establishment of a volunteer fire station, community center and related improvements situated on three (3) acres of land within the State Land Use Agricultural District. The property is located at the northeast corner of the intersection of Road 8 and Road C within the Hawaiian Acres Subdivision, Kea‘au, Puna, Hawai‘i, TMK: 1-6-052:002.  Hearing will include discussion and further action, if necessary, on the Planning Director’s request, on behalf of the Commission, for an informal opinion from the Board of Ethics regarding the legal representation by a former County employee of a potential intervenor in proceedings involving this amendment request. NEW BUSINESS – 10:00 a.m. 7.INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 2, Division 7, Section 25-2-71 (Applicability-Plan Approval required), Section 25-2-73 (Reserved), Section 25-2-76 (Action of Plan Approval application), Section 25-2-77 (Review Criteria and conditions of approval); and Article 6, Division 1, Section 25-6-3 (Application for P.U.D. permit requirements), Section 25-6-7 (Reserved), and Section 25-6-10 (Criteria for granting a P.U.D. permit) of the Hawai‘i County Code 1983 (2005 Edition, as amended). These amendments would create a process within the Zoning Code that requires the Planning Director to review and consult 2 with a local design review committee for certain land use permit applications situated within a special district to promote consistency with applicable adopted design guidelines and/or standards. 8.INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 3, Section 25-3-2 (Designation of Special Districts); Article 4, Division 5, Section 25-4-59.2 (Exceptions to Off-Street Parking & Loading Requirements); and Article 7 (Special District Regulations) of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to the establishment of a special district to be known as the Pāhoa Village Design (“PVD”) District that includes a process for community review of project applications and plans, and to provide distinct requirements for Off-Street Parking and Loading in the PVD district. 9.INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 25 (Zoning Code), Article 5 of the Hawai‘i County Code 1983 (2005 Edition, as amended), relating to zoning district regulations for dwellings within the Industrial-Commercial Mixed (MCX) zoning district. The purpose of this amendment is to allow multiple family residential dwelling units within the MCX zoning district. The Commission anticipates convening an executive meeting regarding Item Nos. 5 and 6 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 June 5, 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 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 thru 5 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 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 MYLES MIYASATO, Vice-Chairman (Hawaii Tribune Herald: Sunday, June 15, 2014) (West Hawaii Today: Sunday, June 15, 2014) 4