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Home My WebLink About2018-05-03 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 Joseph Clarkson, Chair Donald Ikeda, Vice Chair Gilbert Aguinaldo Donn Dela Cruz Thomas Raffipiy John Replogle 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, May 3, 2018 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. APPLICANT: TAYLOR SUMMERS AND AMBER MITCHELL (SPP 18-000196) Application for a Special Permit to allow the establishment of a 2 -bedroom bed and breakfast operation and community commercial kitchen on 1.00 -acre of land situated within the State Land Use Agricultural District. The subject property is located on the northeast (makai) side of 5th Avenue, about 1,400 feet northwest of the intersection of 5th Avenue and Kaloli Drive, Hawaiian Paradise Park subdivision, Puna, Hawaii, TMK: (3) 1-5-053:139. UNFINISHED BUSINESS — 9:15 a.m. 2. APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (USE 17-000074) Continued hearing on an application for a Use Permit to allow the construction of a new, non -manned telecommunication facility, consisting of a 155 -foot tall steel monopine tower, retaining wall, 6 -foot tall fencing and related facilities within a 1,050 -square foot lease area on a 33,106 -square foot parcel, situated in the County's Agricultural 1 -acre (A -la) zoning district. The subject property is located at 15-1463 21" Avenue, approximately 1,700 feet north of the Kaloli Drive — 21" Avenue intersection, Hawaiian Paradise Park, Kea`au, Puna, Hawaii, TMK: (3) 1-5-038:013. UNFINISHED BUSINESS — 9:30 a.m. 3. APPLICANT: HU HONDA BIOENERGY LLC (SMA 221) Consideration and Adoption of Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission to reflect that Outfall 001 will not be replaced or repaired, and therefore will not affect the public shoreline. The Proposed Second Supplemental Findings of Fact, Conclusions of Law and Decision and Order of the Commission are being considered in response to the Intermediate Court of Appeal's Order of Partial Remand filed January 22, 2018 of the Final Judgment of the Third Circuit Court's Order filed on March 10, 2014, to the County of Hawaii Windward Planning Commission, for the narrow purpose of the Windward Planning Commission to address the impacts on the public shoreline with regard to repairing or replacing Outfall 001. Special Management Area Use Permit No. 221 was originally approved to allow the establishment of a coal storage area and a coal burning energy plant and related improvements. The permit was amended in 2011 to allow 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`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). 4. HAMAKUA COMMUNITY DEVELOPMENT PLAN On December 19, 2016, the Hamakua Community Development Plan (CDP) Steering Committee recommended approval of a revised version of the March 2016 draft Hamakua CDP. After reviewing agency comments, the Planning Director has recommended revisions to the CDP. Pursuant to Section 2-28.1 of the Hawaii County Code, within sixty days after receipt of the Planning Director's recommendation on a draft community development plan or any amendment thereof, the Windward Planning Commission shall transmit the draft community development plan or any amendment with its recommendation through the Mayor to the County Council. Likewise, pursuant to Section 15.1 of the General Plan, the County Council may modify or amend the community development plan before enacting it by ordinance, but it shall give the Steering Committee and the Windward Planning Commission an opportunity to review and comment upon substantive amendments and modifications before final adoption of the plan. The purpose of this meeting and public hearing is to afford all interested persons a reasonable opportunity to comment on the Hamakua CDP and for the Commission to review the CDP and consider its recommendation to the County Council. MINUTES Approval of the Minutes of the April 5, 2018 Windward Planning Commission meeting. ADMINISTRATIVE MATTERS Discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. 2 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 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. 1 and 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 Planning Department website under Resources and References (http://www.hiplanningdept.com) Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b), Hawaii County Code}. A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo, Hawaii 96720. Copies of the applications are on file and open to inspection during office hours at the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawaii. 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 JOSEPH CLARKSON, Chairman (Hawai`i Tribune Herald: Friday, April 13, 2018) (West Hawaii Today: Friday, April 13, 2018) 11