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County of Hawaii
<br />WINDWARD PLANNING COMMISSION
<br />Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
<br />Phone (808) 961-8288 • Fax (808) 961-8742
<br />AGENDA
<br />Thomas Raffipiy, Chair
<br />John Replogle, Vice Chair
<br />Gilbert Aguinaldo
<br />Dean An
<br />Joseph Clarkson
<br />Donn Dela Cruz
<br />NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward
<br />Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91
<br />and 92, Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii, and
<br />the Planning Commission's Rules of Practice and Procedure.
<br />DATE: Thursday, February 6, 2020
<br />TIME: 9:00 a.m.
<br />PLACE: County of Hawaii Aupuni Center Conference Room
<br />101 Pauahi Street, Hilo, HI 96720
<br />STATEMENTS FROM THE PUBLIC — Note that statements from the public regarding
<br />any particular item on this agenda will be taken at the time the particular item is called to
<br />order.
<br />NEW BUSINESS — 9:00 a.m.
<br />APPLICANT: PLANNING DIRECTOR INITIATED (VINCENT TAU
<br />REZ 13-000167)
<br />The Planning Director has initiated rezoning of the property from Multi -Family
<br />Residential- 1,500 square feet (RM -1.5) to Single -Family Residential- 7,500 square feet
<br />(RS -7.5) due to the landowner's non-compliance with Conditions B and R of Ordinance
<br />No. 14-056, which became effective May 12, 2014 to change the zoning of the subject
<br />property from Multi -Family Residential- 2,500 square feet to Multi -Family Residential -
<br />1,500 square feet. The subject property is located at 364 Hualalai Street, east of the Hale
<br />Nani Street- Hualalai Street intersection, South Hilo, Hawaii, TMK: (3) 2-4-028:009.
<br />2. APPLICANT: PIILANI PARTNERS, LLC (SMA 18-000070)
<br />Discussion and action on the Third Circuit Court's December 13, 2019 Order remanding
<br />Special Management Area Use Permit (SMA No. 18-000070) back to the County of
<br />Hawaii Windward Planning Commission to issue a revised findings of fact (FOF) and
<br />conclusions of law (COL) in support of its original Decision and Order, for the narrow
<br />purpose of the Windward Planning Commission clarifying FOF and COL regarding its
<br />application of the public trust doctrine for the denial of SMA No. 18-000070, which
<br />requested a Special Management Area Use Permit to develop a potable water well and
<br />bottling facility with related improvements on a 2.5712 -acre parcel within the Special
<br />Management Area. The subject property is located at 525 Pi` ilani Street, at the
<br />Harry Kim
<br />w Of.!
<br />Mayor
<br />i.
<br />1,TF OF 10;0
<br />County of Hawaii
<br />WINDWARD PLANNING COMMISSION
<br />Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
<br />Phone (808) 961-8288 • Fax (808) 961-8742
<br />AGENDA
<br />Thomas Raffipiy, Chair
<br />John Replogle, Vice Chair
<br />Gilbert Aguinaldo
<br />Dean An
<br />Joseph Clarkson
<br />Donn Dela Cruz
<br />NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward
<br />Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91
<br />and 92, Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawaii, and
<br />the Planning Commission's Rules of Practice and Procedure.
<br />DATE: Thursday, February 6, 2020
<br />TIME: 9:00 a.m.
<br />PLACE: County of Hawaii Aupuni Center Conference Room
<br />101 Pauahi Street, Hilo, HI 96720
<br />STATEMENTS FROM THE PUBLIC — Note that statements from the public regarding
<br />any particular item on this agenda will be taken at the time the particular item is called to
<br />order.
<br />NEW BUSINESS — 9:00 a.m.
<br />APPLICANT: PLANNING DIRECTOR INITIATED (VINCENT TAU
<br />REZ 13-000167)
<br />The Planning Director has initiated rezoning of the property from Multi -Family
<br />Residential- 1,500 square feet (RM -1.5) to Single -Family Residential- 7,500 square feet
<br />(RS -7.5) due to the landowner's non-compliance with Conditions B and R of Ordinance
<br />No. 14-056, which became effective May 12, 2014 to change the zoning of the subject
<br />property from Multi -Family Residential- 2,500 square feet to Multi -Family Residential -
<br />1,500 square feet. The subject property is located at 364 Hualalai Street, east of the Hale
<br />Nani Street- Hualalai Street intersection, South Hilo, Hawaii, TMK: (3) 2-4-028:009.
<br />2. APPLICANT: PIILANI PARTNERS, LLC (SMA 18-000070)
<br />Discussion and action on the Third Circuit Court's December 13, 2019 Order remanding
<br />Special Management Area Use Permit (SMA No. 18-000070) back to the County of
<br />Hawaii Windward Planning Commission to issue a revised findings of fact (FOF) and
<br />conclusions of law (COL) in support of its original Decision and Order, for the narrow
<br />purpose of the Windward Planning Commission clarifying FOF and COL regarding its
<br />application of the public trust doctrine for the denial of SMA No. 18-000070, which
<br />requested a Special Management Area Use Permit to develop a potable water well and
<br />bottling facility with related improvements on a 2.5712 -acre parcel within the Special
<br />Management Area. The subject property is located at 525 Pi` ilani Street, at the
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