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HomeMy WebLinkAbout2015-09-30 Windward Planning Commission Notice of Contested Case Proceedings NOTICE OF CONTESTED CASE PROCEEDINGS 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: Wednesday, September 30, 2015 TIME: 9:30 a.m. PLACE: County of Hawai‘i Aupuni Center Conference Room 101 Pauahi Street, Hilo, HI 96720 NOTE: These contested case proceedings may continue into Thursday, October 1, 2015, after the Commission’s regular session, and to be held in the same location. However, such a continuance will only occur if necessary. 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. UNFINISHED BUSINESS – 9:30 a.m. (Items 1 and 2 below have been consolidated into a single proceeding and will be heard concurrently.) 1.APPLICANT: ARROW OF OREGON/HAWAII, LLC (Amend SPP 09-076) Contested case proceedings regarding the application for an amendment to Special Permit No. 09-076, which was approved to allow a cinder and rock quarry operation on 5.003 acres of land situated within the State Land Use Agricultural District. The amendment will add 8.009 acres for a total of 13.012 acres of land. The properties are located northwest of Mahimahi Drive, between Lurline Lane and Liliana Lane within the Hawaiian Ocean View Estates Subdivision, Kahuku, Ka‘u, Hawai‘i, TMK: 9-2-148:005, 006-010, 015, 016 & 036. 2.APPLICANTS: DAVID AND LAURA RODRIGUES (SPP 15-178) Contested case proceedings regarding the application for a Special Permit to allow a cinder and rock quarry operation on 5.003 acres of land situated within the State Land Use Agricultural District. The properties are located on the northeast and southeast corners of Kailua Boulevard and Lurline Lane, Hawaiian Ocean View Estates Subdivision, Kahuku, Kaʻu, Hawai‘i, TMKs: 9-2-142:020, 021, 022 & 9-2-145:047, 048. The Commission anticipates convening an executive meeting regarding these consolidated proceedings 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. 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. 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, Chairman