NOTICE IS HEREBY GIVEN of the following matter, among others, to be considered by the Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-4.3 of the Charter of the County of Hawaii, and the Planning Commission’s Rules of Practice and Procedure.

DATE: Monday, November 24, 2008

TIME: 10:00 a.m.

PLACE: Hapuna Beach Prince Hotel
62-100 Kaunaoa Drive
Kohala Coast, Hawaii

NEW BUSINESS – 10:00 a.m. (item no. 6 of complete agenda)

6. APPLICANT: EDWARD UNDERWOOD ON BEHALF OF STATE DEPARTMENT OF LAND & NATURAL RESOURCES, DIVISION OF BOATING & OCEAN RECREATION
(SMA 08-000028/USE 08-000013/SSV 08-000003)

a. Special Management Area Use Permit to allow the Kawaihae Small Boat Harbor (South) improvements.

b. Use Permit to allow the small boat harbor improvements within the Multiple-Family Residential – 1,500 square feet (RM-1.5) and Open (O) districts.

c. Shoreline Setback Variance to allow portions of the small boat harbor improvements within the forty-foot shoreline setback area.

The property is located on the south side of the existing Kawaihae Boat Harbor, Kawaihae, South Kohala, Hawaii, TMK: 6-1-3: por 26.

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 Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on item 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 in Rule 4 Appendix A “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 $100 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).

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.

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, 333 Kilauea Avenue, 2nd Floor, Hilo, Hawaii 96720.

Plans of the proposed development is 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, 75 5706 Kuakini Highway, Suite 109, Kailua-Kona, Hawaii.

Any disabled person requiring special assistance or person requiring auxiliary aid and/or services to participate in the hearing should contact the Planning Department at 961-8288 five (5) working days prior to the hearing so that appropriate arrangements can be made.

Hawai’i County is an Equal Opportunity Provider and Employer.