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Home My WebLink About2019-03-21 Leeward Planning Commission Agenda Keith F. Unger, Chair Harry Kim Nancy Carr Smith, Vice Chair Mayor Scott Church Perry Kealoha Oliver “Sonny” Shimaoka Michael Vitousek Faith “Faye” Yates County of Hawai‘i LEEWARD PLANNING COMMISSION Aupuni Center  101 Pauahi Street, Suite 3  Hilo, Hawai‘i 96720 Phone (808) 961-8288  Fax (808) 961-8742 AGENDA NOTICE IS HEREBY GIVEN of the following matters to be considered by the Leeward 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 Commission’s Rules of Practice and Procedure. DATE: Thursday, March 21, 2019 TIME: 9:30 a.m. PLACE: West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i 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 – 9:30 a.m. 1. APPLICANT: KILOHANA MAKAI LLC (AMEND SMA 07-000020) Application for a 5-year time extension to comply with Condition No. 3 (Complete Construction) of SMA Permit No. 07-000020, which was issued in 2007 to allow the development of a 5-story, 11-unit residential condominium on 14,450 square feet of land. The property is located along the makai side of Ali‘i Drive, adjacent to and south of the stnd Kona Banyan Tree Condominium, Hōlualoa 1 and 2, North Kona, Hawai‘i, TMK: (3) 7-6-014:013. 2. APPLICANT: DANA KERN (SPP 19-000204) Application for a Special Permit to legitimize the conversion of an existing garden store to be used for a K-8 private school for up to 49 students on 3.281 acres of land in the State Land Use Agricultural District. The subject property is located at 74-4820 Māmalahoa Highway, at the intersection with Palani Road, Hōlualoa, Hawai‘i, TMK: (3) 7-4-006:012. MINUTES Approval of the Minutes of the February 21, 2019 Leeward Planning Commission meeting. ADMINISTRATIVE MATTERS 1. Discussion on Permit or Ordinance condition deadlines and consequences of not complying with condition deadlines. 2. Discussion of recent Special Management Area (SMA) determinations, minor permits and enforcement action issued by the Planning Director. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearing is to afford all interested persons a reasonable opportunity to be heard on the above matter. 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 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, 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 Planning Department website under Resources and References (http://www.hiplanningdept.com) 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; 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. Public testimony can be submitted by mail or email. Those submitting written testimony at the meeting or by mail should provide fifteen (15) copies for distribution. Public testimony submitted by mail, should be mailed to the Leeward Planning Commission at the Planning Department office addresses in Hilo and Kona listed below. Mailed testimony should be provided at least one week prior to the hearing date to allow for mailing and thorough Commission review. Public testimony that is submitted by email to planning@hawaiicounty.gov, should be submitted before 4:30 p.m. two days prior to the Commission meeting. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b), Hawai‘i 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), Hawai‘i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street, Room 1402, Hilo, Hawai‘i 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, Hawai‘i and at the Kona office of the Planning Department, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole nd Highway, Building E, 2 Floor, Kailua-Kona, Hawai‘i. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting, please contact the Planning Department at 961-8288 as soon as possible, but no later than five working 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 LEEWARD PLANNING COMMISSION Keith F. Unger, Chair (Hawai‘i Tribune Herald: Friday, March 1, 2019) (West Hawai‘i Today: Friday, March 1, 2019) (Statewide)