(BIVN) – The Windward Planning Commission on Thursday denied a court-remanded application for a controversial water bottling plant proposed for an area by the Wailoa River State Recreation Area in Hilo.
The commission previously denied the permit request from Piʻilani Partners, LLC after the public objected to the company’s Special Management Area Use Permit application. The issue went to court.
This was the item as it appeared on the February 6 commission meeting agenda:
Discussion and action on the Third Circuit Court’s December 13, 2019 Order remanding Special Management Area Use Permit (SMA No. 18-000070) back to the County of Hawaiʻi Windward Planning Commission to issue a revised findings of fact (FOF) and conclusions of law (COL) in support of its original Decision and Order, for the narrow purpose of the Windward Planning Commission clarifying FOF and COL regarding its application of the public trust doctrine for the denial of SMA No. 18-000070, which requested a Special Management Area Use Permit to develop a potable water well and bottling facility with related improvements on a 2.5712-acre parcel within the Special Management Area. The subject property is located at 525 Piʻilani Street, at the northeastern corner of the Piʻilani Street – Mililani Street intersection, Waiakea, South Hilo, Hawaiʻi, TMK: (3) 2-2-033:011
A motion to approve the remanded application failed before the commission voted to deny the application again, this time with some changes to the findings of fact that they believed would be more favorable to the circuit court.