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Home My WebLink About2017-01-05 Windward Planning Commission AgendaHarry Kim Mayor County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 AGENDA Gregory Henkel, Chair Myles Miyasato, Vice Chair Joseph Clarkson Donn Dela Cruz Donald Ikeda Raylene Moses NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday, January 5, 2017 TIME: 9:00 a.m. PLACE: County of Hawaii 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: RHODES MOORE, LLC (formerly GRAPHIC IMAGES HAWAII, INC., FINANCE HOLDINGS, LTD. and TRI -ELECTRIC, INC.) (Amend REZ 840) Request to amend Condition C (Final Subdivision Approval), Condition G (Secure Letter of Map Revision from FEMA), and Condition Q (Fair Share Contribution) of Ordinance No. 12-111, which amended Ordinance No. 99 116, which amended Ordinance No. 96 159, which rezoned approximately 7.402 acres from the Single -Family Residential — 10,000 square feet (RS -10) district to the Neighborhood Commercial — 7,500 square feet (CN -7.5) district. The amendments to conditions relate to a 5 -year time extension to secure final subdivision or plan approval, the timing of installing drainage improvements on the property, and request for relief from fair share contribution provisions for an assisted living facility. The property is located on the southeast side of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: 2-2-044:031, 032, 035 and 037. 2. APPLICANT: RHODES MOORE, LLC (USE 16-065) Application for a Use Permit to allow the establishment of a 120 -bed assisted living facility and related uses on 6.22 acres of land situated within the Neighborhood Commercial (CN - 7.5) zoning district. The property is located on the southeast side of the intersection of Kanoelehua Avenue (State Highway 11) and East Kahaopea Street, Waiakea Homestead House Lots, South Hilo, Hawaii, TMK: 2-2-044:032, 035 and 037. 3. INITIATOR: COUNTY COUNCIL (BILL NO. 227, DRAFT 2) An Ordinance amending Chapter 25, Article 1, Article 2, and Article 4 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to Agricultural Tourism. The purpose of this bill is to amend the definition of "agricultural tourism" and include new definitions for "agricultural products" and "agriculturally -related products"; and defining requirements for plan approval review of and use regulations for agricultural tourism operations. The County Council is referring Bill 227, Draft 2 to the Planning Director and the Windward and Leeward Planning Commissions for comment and recommendations. 4. REQUESTOR: JAN MALASEK Discussion and action regarding a request by Jan Malasek to review a previous claim against the Geothermal Asset Fund that was filed with the Planning Commission on June 4, 2004, seeking compensation for the loss of income from orchard and nursery operations over a 7 - year period due to PGV activity in the amount of $27,494. The Planning Commission, at its September 2, 2005 meeting and pursuant to its rules, awarded compensation in the amount of $7,246. The property is located at 13-683 Leilani Avenue, approximately 1,600 feet south of the Leilani Avenue-Pohoiki Road intersection, Leilani Estates Subdivision, Keahialaka, Puna, Hawaii, TMK: 1-3-028:018. MINUTES Approval of Minutes of the December 1, 2016 meeting ADMINISTRATIVE MATTERS 1. Election of Officers for 2017 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. 2 Pursuant to Rule 4, Contested Case Procedure, of the County of Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on Agenda Item No. 2 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, Hawaii 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 Hawaii 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 Jeffrey Darrow (961-8158) 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 GREGORY HENKEL, Chairman (Hawaii Tribune Herald: Friday, December 16, 2016) (West Hawaii Today: Friday, December 16, 2016)