HomeMy WebLinkAboutCOM 0655.000 2008-2010
William P. Kenai
Mayor
Margaret 1<.. MaslInaga
Deputy
BJ Leithead Todd
DireClor
County of Hawai'i
PLANNING DEPARTMENT
Aupuni Cenler . 101 Pauahi Street. Suite 3 . Hila. Hawai'i 96720
Phone (808) 961-8288 . Fax (808) 961-8742
December 4,2009
MEMORANDUM
TO:
TI\AM'able William P. Kenoi, Mayor
fa BJvL'e'ithea~Planning Director
FROM:
SUBJECT:
Initiator: Planning Director
Amendment to Chapter 25, Hawai' i County Code 1983 (2005 Edition, As Amended)
By Requiring a Use Permit for Telecommunication Antennas and Towers Situated
Within the RA, FA, A, and IA Zoned Districts
As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, submitted herewith for your
transmittal to the County Council for their consideration and action are the Planning
Commission's letter and enclosures regarding the above-captioned request.
Enclosed for your signature is the cover letter to the County Council. After your review, please
forward same to the County Council along with the Commission's letter and enclosures.
Should you have any questions, please feel free to contact me.
Enclosures
(~i \\ IU, >
Co. No. b55
Ref. TOI PC
Ref. Data" t'EC t 12\)\19
HalF(([" County is on Equal Opportunity Provider and Employer
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William P. Kenoi
Mayor
County of Hawaj'j
891 U1u]ani Street. Hi]o, Hawai'i 96720-3982 . (808)961-8211 . Fax (808)96]-6553
KONA 75-5706 Kuakini Highway, Suite 103 . Kailua-Kona, Hawai'i 96740
(808) 329-5226 . Fax (808) 326-5663
December 4, 2009
Honorable J Yoshimoto, Chairman
and Members of the County Council
County ofHawai'i
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Yoshimoto and Members:
Initiator: Planning Director
Amendment to Chapter 25, Hawai'i County Code 1983 (2005 Edition, As Amended)
By Requiri11g a Use Permit for Telecommunication Antennas and Towers Situated
Within the RA, FA, A, and IA Zoned Districts
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William T. Takaba
Managing Director
Wally Lau
Deputy Managing Direetor
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As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the
County Council's consideration and action are the Planning Commission's letter and enclosures
regarding the above-referenced request.
Sincerely,
William P. Kenoi
Mayor
Enclosures
cc: Planning Department
County of Hawai'i
PLANNING COMMISSION
Aupuni Center. 101 Pauahi Street, Suite 3 . Hilo, Hawai'i 96720
Phone (808) 961-8288 . Fax (808) 961-8742
December 4, 2009
Dear Chairman Yoshimoto and Council Members:
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The Honorable] Yoshimoto, Chairman
and Members of the County Counci I
County of Hawai 'i
25 Aupuni Street
Hilo, HI 96720
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Initiator: Planning Director
Amendment to Chapter 25, Hawai 'i County Code 1983 (2005 Edition, As Amended)
By Requiring a Use Permit for Telecommunication Antennas and Towers Situated
Within the RA, FA, A, and IA Zoned Districts
The Leeward Planning Commission at its duly held public hearing on November 20, 2009, considered the
Planning Director's request for an amendment to Chapter 25, Hawai'i County Code 1983 (2005 Edition,
as amended) by requiring a Use Permit for telecommunication antennas and towers situated within the
Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A), and Intensive Agricultural
(IA) zoned districts. The purpose of this bill is to amend the Zoning Code to require wireless
telecommunication antennas and towers to obtain a Use Permit from the Planning Commission before
such use is established.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Background and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely,
~/rL~~
Rodney W a~be, Chairman
Leeward Planning Commission
Lpdinitiated-telecolTIII1unicationantennas&towersO Ilwpc
Enclosures
cc: Planning Department-Kona
Lincoln Ashida, Esq.
Hawai'i County is an Equal Opportunity Provider and Employer
County of Hawai'i
PLANNING COMMISSION
f\upuni Center. 101 I'auahi StreeL Suite 3 . Hilo,I-lawai'i ()6720
Phone (808) % 1-8288 . Fax (808) 961-8742
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The Honorable J Yoshimoto, Chairman
and Members of the County Council
County ofHawai'i
333 KIlauea Avenue, 2nd Floor
Hilo, HI 96720
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Dear Chairman Yoshimoto and Council Members:
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Initiator: Planning Director
Amendment to Chapter 25, Hawai'i County Code 1983 (2005 Edition, As Amended)
By Requiring a Use Permit for Telecommunication Antennas and Towers Situated
Within the RA, FA, A, and IA Zoned Districts
The Windward Planning Commission at its duly held public hearing on November 6, 2009, considered
the Planning Director's request for an amendment to Chapter 25, Hawai'i County Code 1983 (2005
Edition, as amended) by requiring a Use Permit for telecommunication antennas and towers situated
within the Residential and Agricultural (RA), Family Agricultural (FA), Agricultural (A), and Intensive
Agricultural (TA) zoned districts. The purpose of this bill is to amend the Zoning Code to require wireless
telecommunication antennas and towers to obtain a Use Permit from the Planning Commission before
such use is established.
The Commission voted to forward a favorable recommendation to the County Council on the request.
The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning
Director's Baclq,,'T0L1I1d and Recommendation Report, as well as a transcript of the hearing for your
information.
Sincerely, I
.~/'~ 0QC7_fL
Rell Woodward, Chairman .'
Windward Planning Commission
Lpdinitiated-tclecol11l11un icationanlcnnas&towersO I wwpc
Enclosures
cc: Planning Department-Kona
Lincoln Ashida, Esq.
Hawai'i County is an Equal Opportunity Provider and Employer
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Bl,{PDInitiatel,iTelecomTowers.doc-10/12/09
COUNTY OF HAW AU PLANNING DEI> ARTMENT
. .' ....... ...... '. ... . .. . . ..... '. .' .. .. ,r ". '
,BACKGROUND AND RECOMMENDATION
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INITlA'f()R: 'I'LANNlNG'D~CTqR
AM:ENDl\'lEN'f''F9C~PT~-R'25 (ZONING1,OF THE . .
..IIAWAneOUNTYCODE1982 (200S EDITION, AS AMENDED)'
RELATING TO 'tELE€OMMUNICATION ANTENNAS AND TOWERS . .
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. Amei'idme.Qt~ .tQ Cbap~er 2:s,(z6ning} Bawa.1i~punty Cod~.l98jC:W05 ~diti()n,:as:
"':' .' . ."' .,.., -,', .. .. -' -' ','. . '-' " " . . -
aIllended)relati6g'~bt~leGorrim4pi2~tion tQwers.arlil,inteIiliis, n~,epuw<?se()qhi~ ordlt1~nce i~ to'
::_ ,'_".-' ,". ~.':-_: :;,: "_',,", : ~-.~,,:;,,:_~i,"<,:' '_?o' _ _ ..... ',-'c".," ':::., i '<:":'~'" 'J "", _ -''',_, .::'..:,', .:';<~':'- ,"", _' .', ,':;, _ ,,_' '~_.,', '.. . ,',.:, ,_. _', :,';', '
~rnend th:e Zoning <Qoqe:tQ require wireless t~lecQllliri,4J)icl!tioti'ariterin~s anti tow~r~.tq. ob'tmtl, ~. .
Yse,P~f.1i1it #()m,t~~!Pla~~g'€~Wmssionb~fo(esu'Cnll~~,isestabli~ije~~: ". .....:
PROPOSED AGTUlN
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'Request:{~ef~..t6~~ct~on I-Purpose -~11'tl!~9ningDep~hrii~rtt~~ljil>.n:N~. tJ .
:er9~'o~~~',~Ii~~~~sfiel1~p~er'25 ,(Zoning)lI~W~~KBQuQty .d6~~'.i:9~3.'(~66$;jEdiH~p;,,~s,
: _,' . _:''"'', :-,::,',' y,::~:,,:'i'._<~,..._, ~'t'~,~,::,""';:'.,.. ,""';::;' ;,;,',,::',:/,' ,__ '. ' . '; ", ,.: ,;~", .,_", >,~,',..'/~;:., .~ ::"":'___' _',i "" .,:,',,',:"-" ,_ _', ":,-'-, ",'__,',-':,_"."_,,._ """_":';'i""':: ': ' ':-,~- ::,~':- " ,',,<,:' ,~
.aw~p~~~~'i~;'HigP~;~~df()4:>,.y;ame,nde~i~sfQ~lp~~:,(ma1e~ij t9',be.'4~Ibr~4';i*'brad~~t~;q' apCi"
StFi~if~iji;,ina:i~ri~,)~~,;'~~'a~dedi~und~fI~n~d) '. .... . ..' . .... ...,
.1~"",:-':.)'_ '_'"<_">:; ,'".,' ..,> '_:"_'" " _'" _ ", ,'''' _, " _' _", _ " ~__: _.'- _ _, .', ,,'
8;ECf[IQN<2. (Jl1~pteFf.s;'~rti.de 4, s~ction 25-4-12, 'fIawai'i COl.l,nty Code1983f2005
L,
2,
E9iti~n~'51$~3m~fiQ~d)~~_tITneQded.tol~a9.'iM~t~ni~w~:
.- :....: .; '.':. "' C"', .:<;:' ..-/ -,.. ,,', ,,' " - . ""-', ,
seciioJ"~5.~4f.f2.''F~.~c9mmUnjcatioll ant~pnas' ortowers~,
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. (a) ,. '. ~'t~l~cornmHru~atlon Wl.tenrui <if t,9\Veicshall,be permitted iIl;t~!l (jistqcts, ~l:Cept .
Its,:iD}:R~(,ahdRC~districts;jth~'\t:eN, CG,CV;Mc;k:ML.~(iO; and -
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qDH:'di~tri,c~s; proVided that the' antenna, fdWer, an~ its Use,a~~ notnaia.rdolls .()r:
-,'. "-
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dangerou,sto the stlITounding an~aan(fthedirector has is~.ued plan'apprbvalfof
, .
~u.ch use. Atele,coil:1munic~tion antenna ,or tower may be. pennjftegin the RS, RI:)?
RM [:aad,],,1~.OX, .M-.F J\. A ahd IA. districts if'a'u~e pePt,11it is 9btaiQ~d for such
l!~e.;
SECTI()~ 3. Cb~pter 25, article 5, division 5, Section 25-5.;.52 (a) and (b) are amended.
to read as follows:
Section 25-5-52. Permitted uses.
(a) The fQIlowiilg uses shall be permitted 'in the RA district:
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ATTACH: Carrn. 655
Bill 186
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, 'bi,~e*tqY.~Froducii()n' C~#ll.i9ih$P~gs), proviCleqthat::.,
(A)ther~quireII1ents'ofth~4epartmenfof he(iHh,ar~rnet;
fB) 4Pproval oftqe JHfeGtorisQbt~in~cl;and
(C) Any feed' or water area, salt lick, corral,~n,barn,shed,~~~pl~, ,
11911se, h~tch;or'otl1~r e~c1osure forthe keeping ,of arlY p~~tte<i
aI1im~1 shalU>,eJoca.ted,at least sev~t!ty~fiv~'feeLffolll"ariYlot'i~n~;
Parks, play.gfourids, tennis cQurts,swimming pools;. ~l1d other similar open
area recrea.tional' facilities,
(15) Public uses a.ndstructures, as permitted upder section 25-4-11.
(7)
(~).
(Q)
(10)
(11)
(12),
(13)
(14)
}
)
/
(1) Adult day care hO)1les.
(2) AgricUltur(ilproducts processing, minor, provided that the sjte orbuilClil1.gs
\.lseclfofs,uch processing; shall be locatedatle~sf seVel1ty~fiVe feetfrom
allY street:lJounding thequilcling site. ,
'.
Agricll!ttlraltourism a.s permitted undersection25~4-15.
(3)
(4)
(5)
(6)
Ariimai hospitals. .
Aq\.lactilture..
, .' -.,
B<ita.niQarganiens.", nurse;es:and' 'greenhouses~. seed .farms,?'.PI~Jlt
e{?iperime'l1tl:ll's,tatio,g~,cvppretums; floricult4re, anq sitnilc:tf \,Ises' d~~HIlg
o.'c'< ' ."":,' ,:,:",,;, " '. .; '. ,
Wjth.ti1~gfbWil1g,otpllipts;
~. ". .: > ,>-. .".. .. ',,, ;;;1- 1\ ,"." ,-
> ,.... ,,' .,,' .'C'. ...
c~rli~t€(fie~':,~Il;gri1a.tlSQr~\.l}ns,,:~s, ;perlllitted'uhclefCh~pter J5, 'l:lNic.I~ 1.Qfihi$:
,..' . - . ',-. -,' ".
. ".. - .- ,., , .... ~
Oo~e~
'Qfol}.PfoguGti6n. "
'~~~~~~~~~f~.iab1(I~;4"~~;i1.~fb4ilPihgSil~i
iFaiiiily;cmld'care"homes;
F"<}'''!.'-,,:,-:,:';;i.f"e''-':;,,, ,:,.-, ,-' _. i.~_.l'
~O#p!iyi~gfafilitI~$;r< , ' , ". ,', .. ,', .'. ' " . " '.. '
'K~n.p~J.~;,:prB~ided t~a.t t~epui!dingsite. i~ a.~.himpplOf'fi,~eaRt~s' iil (lf~~~.
angJh~'sfrtibttites arei~c,~t~~atJea.~i, 9i1~hl.1I1ar~,q. f~~ta""ay fr~ma.QY l~t. ,
, .',,''- '",>.-' " , "- ..' -',.- " - ''''. ':: '."-" ", .' - ,''- "
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(16) Roadside stllnds for the sale of agricultural products grown on the
prell11ses.
(17) Sta,bles, commercial or boarding, provided that the builciingsite is a
mirU.1l1Ulll offive acres in area and the structures are located at least one
hundred feet away from any Jot line.
(18) [tel<?cQnimunications antennas, its permltt~d'llPciPfsc~tiori25 1 J~.
tf9)] UtiJity substations, as permitted under seCtion~5:'4,"11;
([ooJ19) Veterinary e~tablishment!)'.
(b) The followin~r[asej uses maYiJe permitted in the RAdi~tnCt, . provided thata use
permit i~iss,:uedforeachuse:
(1)
'.. '. ,....... . '.'" ..... .,.... .'. .'
Golr:o,~rsys ,and relaty?,~olf C9urs;us~s; .includill&,gql(dfiving...rapges;
golIwa,intenllncebuildirtgs and g9lf clllb houses[::ldmd
Telecommunication' anf{mnasand towers.
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:SFJQJ;I()~~~ Gllapter 25;atticl~'5, divi~ioIi,6;~~Cti()n25;'5:'q2' (a)'.af1d'(b.)~areair1end~d
, - ,.",' ,', .. ,., '-', .. ",.... . ' , , " .. , " "'"
to rea(f.~s folloWs:
S~ctiQn 25,.5~.62.Permitteil uSeS;
.- . {
(a) T4.~' fdl1o;wing,:tises s~an be ,permitted in FA district~:
;,(19, ;" AgD9yltllt,alpr9ductscprocessing,minpr" prQvide,g that,tpe ~rea()t, b~ildings
4seqfQr;.s.u~h processing, shalfSbylpcated atlea~vs~verity'Jjye feet:t~Ol)l.
any street
(2) Agricultu,raJ tourism as permitted under section 25-;4-15.
(3) Animlll hospitals.
(4) Aquaclllture;
(5) Botanical gardens, nurseries and greenhouses, seedfllrm$, plant
experimentai stations, arboretllms,' floriculture, and similar sues dealing
with the growing of plants.
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Cropproquction.
Dwenlng1~illgle.~fatniIY;Mpernlitte.d und~t'cli~pt~r 205,. H:a'Yaji Revised
S tatutesan,d as}JYrnllttedurider section 25-5 -67(lJ).
Farth d'Yellin~s,flspeiIffitted~hcler sec~ion 25~5,-67(lJ) and (e).
Gameahdfi~h. propag~tiol1'
Gro~pljVirig faciliti~s.
K~flnels.
LjvestQck,grazitig;proVidedtl1at any fe~d Ol7waterarea, saIt.lick, corral~
[ '.. "..' >', " - ...~ ". - ...., .... ....... c ',..~ " .. - .. - "," , . .. ::>" .., '," .." ""," , ,,', ,'..~. {.. ,"" '. .. .. . .' .. .. '.... .
'I"iim'B~m; shedjstabl~,'hous~;liutCh;0f10tJi~f~ri~16sufe.fhrtl1e J{~eping'?t
.~#y~p~~tteci'ariimaIs 'sli~li;heJacatedat1e~~t'sey~ntY~~~~feet tFo~'IDiy lot
line;
(15)PlJQJic useS and structuFes, necessliIY for agrict.iltqraIptaGtic:es.
\', ~:, , .. .. --.' :",c ,-, )l ' " ," ... __ '. ' .. ,.. , .. .. _ ""'..:_ '. ".,
(J6) 'R~teptl()p.1 (e.~tOf<;lW:mi rehapilit~tioll,orim,}Jfovetpent 6fBt.iilljip~s orsites
'0 ,I
~:
(8)
(9)
(10)
(11)
(12)
(B)
(14)
(17~
(18)
J
)
(6) Campgrotmds, parks, playgrounds, tennis Courts,swimrnin~ pools, and
(7)
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other'sinliIaropen area. recreational facilities, where none ofthe
recreational features are entirely enclosed in a Building.
Cemeteries. and mausoleums, as pernlitted under chapter 6, article 1 ofthis
Code.
'~~hi~JQWc '.drs.cerikint~test,'
, ',' ~'- -j " , . , ' '~
Ricfip~~S~d.~tni~s,and re.nt,n .or ,BoardingstaBles/,
. ','
R~:>:a~~~de st<;lb,ds for the sal~ of agricultural prOducts grown on the
prerms~s.
(19) (1"'elccomrnunicationsantcilllClS, as permitted uildcr scctiOI175 .112.
~] IJtilitysubst~gions, as peI1l1Jtted under sectiqn 25-4., 11.
(%!-20) V~hicleap.Q equipment storag~a.teas th,lt/ire directly ac~essory to
aguaculture,crop production, game and fIshpropagatioll,and livestock
grcwng.
(~2I) Veterillary estaBlishments.
(B) The follc)\ying [i:tSe] uses may B~ pernlitt~d in the FA Qistric.t, provided that a use
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permit is.issued for each u,se:
(1) Golf courses and related golf course uses, including golf driving ranges,
golf ml:!intenance buildings and golf club houses.
Telecommunication antennas and towers.
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SECTION 5.' c;hapter25, article 5, division 7, section ~5':'5-72 (a) an(j (b) are amencieci
to read as follows:
Section 25-5-72. Petinifted uses.
(a) The following llses'shalJ be perih,ith~d'~n th~A. distriCt:
(1) Agriclllturalparks.
(Z)" Agriculturalproaucts",.pto~~ssj~~,' .tnajor' and, minor.
(3) Agricultunlltourism,aspemutted:undet'section 25'-4-15.
, (4~ AWroal 'h9~pit~ls.
(5~ Aquac:tiltute:'
;i.:,\ . ".,:","" '.
(6) ,B9t~nicalgarde~s,ntlrs-eries;andgteenhollsesj~eed farri1~,pl'avt"
experimental stations;/lfboretums, tloriculttlre; and shnilar uSes dealing
witli th~gf9WiIigof pl~t,~.
, ' . . .
(7) QaII1P$toUn,~s" p'arks;, pl~Y~rollI1ds; t~11ills 201,lrts, swimmin,~pdol~j and
otheftsiqiiUir ()peri'area:re9re~tion~1 ,faciJiti.~~; wher~9:one. ()f;th~
J~GryatiQnai featpres are ~htireIye~Gl()sydih. abuildipg;
, . ,',
(8)Cerpeterfys ~n,d mau~oJeums,as permitted uIlder chapter 6" article 1 ()fthis
Code.
(9)
(10)
(11)
(12)
(13)
(14)
Crop production.
Dwelling, single-farmly?as pertnitted under chapter 205, Hawaii Revised
, '
Statllte~ and' as permitt~dun.der sectjon 25,.5'- 77(b).
Farm dwellings, as permitted under section 25-5.,77(b) and (c).
. -. ..'
Fertilizer yards utilizing only manure and soil, for commercial use.
Forestry.
Game and fish propaga#dn.
-5~
(15)
(16)
(17)
(18)
(19)
'J
)
GtollP living facilities.
Kennels.
Livestoc:K p~oducti~n, provided that piggeries,aPiaries, and pen {eeqin~df
live~t9c~ ~Ba,.ll oplybelocated on sites aRPfoved byth~ S,tate,deQa1tnieQt of
health an<lthe director, and must be located no closel'thanohethousand
, ,
feeta,.WaY.-from ,any' major public~treetorfronya,.hy()tlWr?:9I1iti~qi~!~ct; ,
~/ .--': - -', ,". - -<', - , ..,' .. .. .. " ,'---}-'- '-, ,'-' ,,,,:- ,-- -.. ", -,',-" ",'" "', ,~:: ,'--" - .
PiJ.plicysesaildstnictllfes which, are neces~~ fot.:.agricllltl.1fa!'Pr~ctic:e$;
,'-- '..'," '- ' -. . . '.- -' .. .. " \" -: .. -, -,'~. . . ,,' ',:,.'" "- .'...... ,
R~teIition, restoI"(ifjoh,'rehabilitation, or impr6vefuentof buil4ihg:or,Sltes of
hist6ncotscenlc interest:
,.... ..," .. - .., ,.. "
(20) Ri4ingaCaae~es~ahd'rental orpoardingstabl~s. " , ' , "
(21) ROClc1~ide.s~{lilqtr~nthesaIe .of a&ticultllraLpfQ<:lllctSgI-gwIloh.the
'-'\",' "',,, " :-', -' ",'" ,
',.,.,
premise's.. '
(4~) [~Tplccornfmlnitllti6n'a.~q!lQas, as,pcrmiti~d'llnd~r$cctiotilS 11''12. '
'~.:_;_':-_ .' '_,:-.' ~:, '_ .. .,::'__:_~~',>;":::","",:::,< . _. ,,:,._<:,,' _,': ,>', '., _ 7 ''-'-',,~-';" .,< .' " _,;,'" "-:~"_ ',: _'II:, ...' "
~] 'IDtilitysuDstatiphs;'as'peimitteo' uhdersectiori:25~41.:11.
, ","""',>, '::\":"'-:,:, ", ",'",,'-- <, ,""- ,:' '~-" - -- , -,.':':, ,.' ",::, "",,' . "-.-" ' '
.~[l4J~3)'V;~lil~le'a#9(~quiPm:~nt,st()rag~.'area,.s..dl~t;a,r~:~ir~ciWac6~~sb!o/,to" ,
aqua6tilt4r~;.cJ"(;>riPfodtictjQIl; ,'gameandfi~h prp~~gMi~'h;liVest6ck graZing. and
livest()~*prp<:ll1(;ti()ri.
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([g$]f4).V ~t:rin,aFy.,.e:sta,p~i~~ent~.
'([~125), Wif19'en~fgyta(;iliti~s.;
(p~ Th~ {QIJQWirlg[fis~] 'llsesniay::b~"P7rrp.ittedin th,,~.A!dis#icijproVid~,d ihClF~'!l~e:
permit isjs~~~dtot'~acl1 use:
(1) Gblfcogrs,esand related g91f cOllrse llses, including golf course,driviQg
rang~s, golfmaintenance buildings and golf club hOlises.
ill Telecommunication antennas' and towers.
SECTION 6. Chapter 25, article 5,division8, section 25-5-82 is amended to read as
follows:
Sec:tion 25-5-82. Permitted uses.
(a) The folloWing' uses sMll be permitted in the IA district:
"6-
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(1 ) Agricultural parks.
(2) Agricultural products processing, major or minor.
(3) Agric1Jltural tourism as permitted under section 25 -4-15.
(4) Aquaculture.
(5) Cemeteries, as permitted under chapter 6, article 1 ofthis Code.
(6). ~rop production. .
(7) Farrhdweliings, asperrtiitted under sections 2S-:5-87(b) and (c).
(8) Forestry.
. ,
(9) LiveStockproduction~ provided that piggeries, apiaries and pen feeding of
livestock. shall not beeloser than one thousand' feet to any majQf road. or to any
district ,other than the A dis~ri~t on buildiIlg sites approvedpythe State department
of health andthe4irector.
(10) Pul?Iic;~'s:~s' and structures which are necessary for. a.gricldtl1ral practices.
(11) [TelocommumcilfionantcIlrias; as permitted undetsection25'112.
fm] .J1tility sHPstatioh~,a~;pefn1i!ted undepsection251.4-J L
'(1U The f6116~ing.usesmaybe .permitted in the IAdistrict. . proVi4ed that a:use 'permit
is obtained. for such use:
Telecominun.ication antennas.and towers.
([~J~) The{QUQ'\vip~.u~e~1l1aY~beJ.l~rmitted ill the IA districts, ,pr:ovidedtha,t a~pecial
pennitis'Ql>t~iI,1~dfor such use:
(1) Crematoriums.
(2) Churches.
(3) Community buildings as permitted under section 25-4-11.
(4) Day care centers.
(5) . Hospitals.
(6) Public uses and structures, other than those necessary for agricultural
purposes, as permitted under section 25-4-11.
(7) Uses other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
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([ eld) In 11\ districts in areas with over thirty percent slope, in gtIllies" and where rough
terrain discourages intensive agricultural uses; the director may approve any other
uses which are permitted in the RA, FA, or A districts.
([4]s:) Buildings and.uses accessory to the uses permitted in this section shall also be
permitted in the IA district.
. ([e]f) No bujIding' site shall be. established in theiA di,strict which shall in any way
r~sttict or lirnitthe uses permittM~nder this section.
IffiC0MMENDATION
For the reasons Cited above, the PlanhiIig~Director recornrii~n.ds (hat the Leeward and
'.-' , . .
WindwaroPlafuiirig Commissi()lls send a favoraple. recommehdatio9 t6 the Haw~ii' C,ouQty
. .
CounciI':for thy amengrnentto ;~:mapter 2S (.zbt!jng) Hawai'i . C01.Hlty' Code '1?8~ '(2005 Edition; as
atllended) relitJiQg to telecommunication antennas' and tOWers. The accompanying draft bill is
provided for your favorable consideratiop..
:8-
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COUNTY OF HAWAI'I
STATE OF HAWAI'I
ORDINANCE NO.
BILL NO.
(PI;;t/1c'nliJ ~)
AN ORDINANCE AMENDING CHAPTER 25, HAW ArI COUNTY CODE 1983
(2005 EDITION, AS AMENDED) RELATING TO TELECOMMUNICATION
ANTENNAS AND TOWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW ArI:
SECTION 1. Purpose. During the 2007 State Legislative Session, the
legislature adopted Act 171, which allowed the construction and operation of wireless
communication antennas and towers as permitted uses within the State Land Use
Agricultural District. Prior to the enactment of this amendment, a Special Permit was
required from the Planning Commission. Such a permit is no longer required. However,
in allowing such uses within the State Land Use Agricultural District without a permit,
the surrounding property owners are no longer able to express their concerns regarding
the construction of such antennas and towers within their immediate neighborhood. To
alleviate this concern, the purpose of this bill is to amend the County Zoning Code to
require that wireless telecommunication antennas and towers obtain a Use Permit from
the Planning Commission before such use is established. The Zoning Code currently
requires such uses to obtain a Use Permit within lands zoned RS, RD, RM and RCX.
Therefore, the proposal to require telecommunication antennas and towers to obtain a
Use Permit for properties within the RA, FA, A and IA districts would be consistent with
the current practice of requiring a Use Permit to be established in the RS, RD, RM and
RCX districts. No changes are proposed to the V, CN, CG, CV, MCX, ML, MG, 0, and
CDH districts which allow telecommunication antennas and towers as permitted uses
provided that plan approval requirements are complied with.
SECTION 2. Chapter 25, article 4, section 25-4-12, Hawaiti County Code 1983
(2005 Edition, as amended) is amended to read as follows:
)
)
"Section 25-4-12. Telecommunication antennas or towers.
(a) A telecommunication antenna or tower shall be permitted in [all districts,
except RS, RD, RM, and RCX districts;] the V, CN, CG, CV, MCX ML,
MG, 0, and CDH districts; provided that the antenna, tower, and its use
are not hazardous or dangerous to the surrounding area and the director
has issued plan approval for such use. A telecommunication antenna or
tower may be permitted in the RS, RD, RM [ami],. RCX, RA, FAA and
IA districts if a use permit is obtained for such use.
(b) The minimum setbacks for a telecommunication antenna and tower are as
follows:
(1) Freestanding antennas and towers shall be set back from every
property line a.minimum of one foot for every five feet of antenna
or tower height.
(2) Telecommunication antennas and towers supported by guy wires
shall be set back from every property line a minimum of one foot
for every one foot of antenna or tower height.
(c) The tower, together with the initial antennas or others equipment proposed
to be installed thereon, shall have a hard survivability for sustained winds'
of at least one hundred miles per hour."
SECTION 3. Chapter 25, article 5, division 5, section 25-5-52 (a) and (b) are
amended to read as follows:
"Section 25-5-52. Permitted uses.
(a) The following uses shall be permitted in the RA district:
(1) Adult day care homes.
(2) Agricultural products processing, minor, provided that the site or
buildings used for such processing, shall be located at least
seventy-five feet from any street bounding the building site.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
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(5) Aquaculture,
(6) Botanical gardens,'nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar uses
dealing with the growing of plants.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article
1 of this Code.
(8) Crop production.
(9) Dwellings, single-family, one per building site.
(10) Family child care homes.
(11) Group living facilities.
(12) Kennels, provided that the building site is a minimum offive acres
in areas and the structures are located at least one hundred feet
away from any lot line.
(13) Livestock production (excluding pigs), provided that:
(A) The requirements of the department of health are met;
(B) Approval of the director is obtained; and
(C) Any feed or water area, salt lick, corral, run, barn, shed,
stable, house, hutch, or other enclosure for the keeping of
any permitted animal shall be located at least seventy-five
feet from any lot line.
(14) Parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities.
(15) Public uses and structures, as permitted under section 25-4-11.
(16) Roadside stands for the sale of agricultural products grown on the
premises.
(17) Stables, commercial or boarding, provided that the building site is
a minimum of five acres in area and the structures are located at
least one hundred feet away from any lot line.
(18) [Tclecoml1Rlnications antennas, as permitted under section 25 '1
~
fl-9)] Utility substations, as permitted under section 25-4-11.
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([~] 19) Veterinary establishments,
(b) The following [t:lSe] uses may be permitted in the RA district, provided
that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving
ranges, golf maintenance buildings and golf club houses[:-]: and
ill Telecommunication antennas and towers,"
SECTION 4. Chapter 25, article 5, division 6, section 25-5-62 (a) and (b) are
amended to read as follows:
"Section 25-5-62. Permitted uses,
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or
buildings used for such processing, shall be located at least
seventy-five feet from any street.
(2) Agricultural tourism as permitted under section 25-4-15,
(3) Animal hospitals.
(4) Aquaculture,
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant
experimental stations, arboretums, floriculture, and similar sues
dealing with the growing of plants,
(6) Campgrounds, parks, playgrounds, tennis courts, swimming pools,
and other similar open area recreational facilities, where none of
the recreational features are entirely enclosed in a building,
(7) Cemeteries and mausoleums, as permitted under chapter 6, article
1 of this Code.
(8) Crop production.
(9) Dwelling, single-family, as permitted under chapter 205, Hawaii
Revised Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Game and fish propagation,
(12) Group living facilities.
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(13) Kennels.
(14) Livestock, grazing; provided that any feed or water area, salt lick,
corral, run, barn, shed, stable, house, hutch, or other enclosure for
the keeping of any permitted animals shall be located at least
seventy-five feet from any lot line.
(15) Public uses and structures, necessary for agricultural practices.
(16) Retention, restoration, rehabilitation, or improvement of buildings
or sites of historic or scenic interest.
(17) Riding academies, and rental or boarding stables.
(18) Roadside stands for the sale of agricultural products grown on the
premises.
(19) [Telecommunications antennas, as permitted under section 25 <1
~
~] Utility substations, as permitted under section 25-4-11.
(U20) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and
livestock grazing.
(~21 ) Veterinary establishments.
(b) The following [ttse] uses may be permitted in the FA district, provided
that a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf driving
ranges, golf maintenance buildings and golf club houses.
ill Telecommunication antennas and towers."
SECTION 5. Chapter 25, article 5, division 7, section 25-5-72 (a) and (b) are
amended to read as follows:
"Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
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(22) [Telecommunication antennas, as permitted under section 15 1 12.
~] Utility substations, as permitted under section 25-4-11.
([~]23) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock
grazing and livestock production.
((~]24) Veterinary establishments.
((~]25) Wind energy facilities.
(b) The following [use] uses may be permitted in the A district, provided that
a use permit is issued for each use:
(1) Golf courses and related golf course uses, including golf course
driving ranges, golf maintenance buildings and golf club houses.
ill Telecommunication antennas and towers."
SECTION 6. Chapter 25, article 5, division 8, section 25-5-82 is amended to
read as follows:
"Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major or minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Aquaculture.
(5) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(6) Crop production.
(7) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(8) Forestry.
(9) Livestock production, provided that piggeries, apiaries and pen
feeding of livestock shall not be closer than one thousand feet to any
major road or to any district other than the A district on building sites
approved by the State department of health and the director.
(10) Public uses and structures which are necessary for agricultural
practices.
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(11) [Telecommunication antennas, as permitted under section 25 4 12.
~] Utility substations, as permitted under section 25-4-11.
ili} The following uses may be permitted in the IA district. provided that a use
permit is obtained for such use:
Telecommunication antennas and towers,
([b ]~) The following uses may be permitted in the IA districts, provided that a
special permit is obtained for such use:
(1) Crematoriums.
(2)
(3)
(4)
(5)
(6)
Churches.
Community buildings as permitted under section 25-4-11.
Day care centers.
Hospitals.
Public uses and structures, other than those necessary for
agricultural purposes, as permitted under section 25-4-11.
Uses other than those specifically listed in this section, which meet
the standards for a special permit under chapter 205, Hawaii
Revised Statutes,
([ e ld) In IA districts in areas with over thirty percent slope, in gullies, and where
rough terrain discourages intensive agricultural uses, the director may
approve any other uses which are permitted in the RA, FA, or A districts.
([ d]~) Buildings and uses accessory to the uses permitted in this section shall
also be permitted in the IA district.
([elD No building site shall be established in the IA district which shall in any
way restrict or limit the uses permitted under this section."
(7)
SECTION 7. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance which can be given effect without the
invalid provision or application, and to this end, the provisions ofthis ordinance are
declared to be severable.
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SECTION 8. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and
underscoring need not be included.
SECTION 9. This ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAW AI'I
Hilo, Hawai' i
Date ofIntroduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
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LEEWARD PLANNING COMMISSION
COUNTY OF HAW AI'I
HEARING TRANSCRIPT
NOVEMBER 20, 2009 .
A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT
'TO CHAPTER 25 (ZONING CODE) was called to order at 2:27 p.m. in the Waikoloa Beach
Marriott Hotel, Ali'i III Room, 69-275 Waikoloa Drive, Waikoloa, Hawai'i, with Chairman
Rodney Watanabe presiding.
PRESENT: Rodney Watanabe
Brandi Beaudet
Lani Bowman
Geraldine Giffin
Frederic Housel
Wayne Iokepa
Brandon Gonzalez, Deputy Corporation Counsel
Margaret Masunaga, Deputy Planning Director
Norman Hayashi, Planning Program Manager
Phyllis Fujimoto, Staff Planner
Jeff Darrow, Staff Planner
Maija Cottle, Staff Planner
And five people from the public in attendance
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25, Hawai'i County Code 1983 (2005 Edition, as amended) by requiring
a Use Permit for telecommunication antennas and towers situated within the Residential and
Agricultural (RA), Family Agricultural (FA), Agricultural (A) and Intensive Agricultural (IA)
zoned districts.
WATANABE: We are on the Agenda Item No.2. This is, the initiator is the Planning
Director, and this is an amendment, or a proposed amendment to Chapter 25. Maija?
COTTLE: Thank you, Mr. Chairman. This is an amendment initiated by the
Planning Director, and it came about because State Law was recently changed to allow
telecommunication towers and antennas as a permitted use in the State Land Use Agricultural
district. So to allow an opportunity for the Planning Department to review telecommunication
towers and for the public to provide input on the locations of these towers, the Planning Director
is recommending that a Use Permit now be required on State Land Use Agricultural land. So the
Director obviously is recommending approval of this amendment. Are there any questions?
WATANABE:
Fellow Commissioners, do we have any questions of staff?
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COTTLE:
I'm sorry. Can I add one thing?
WATANABE:
Yes, Maija.
COTTLE: You should also have a revised bill on yellow paper. And those were
changes made by the Director at the Windward meeting. Basically the changes are, there are two
changes: The first section, Section 2, was added and that is just another section of the Zoning
Code that we realized we also have to amend that to be consistent with the other sections of the
Code; and then one line was added in Section 3 (a), the last sentence where it says, "Where there
is an existing telecommunication tower, co-location of additional antenna or equipment will be
permitted provided the Director has issued plan approval for such use." So this addition is just
allowing co-location on an existing tower so that the applicant won't have to go back through
and get a Use Permit for that purpose.
WATANABE: Okay, very good. One second, Mr. Housel. Just I've been informed, for
the record we should note that Ms. Giffin is -.
GIFFIN :
No longer recused.
WATANABE: Yeah, no longer recused. Well, I was going to use something more
positive, but that will work. Okay, Mr. Housel.
HOUSEL: I'll wait for Maija; I had a question for Maija. Maija, the change in
Section 3 (a), "co-location of additional antennas and equipment," does that mean on the same
tower or a separate tower?
COTTLE: On the same tower.
HOUSEL: Okay.
COTTLE: On an existing tower.
HOUSEL: Okay so, I want to be clear, if they are building another tower, would they
need a Use Permit?
COTTLE: They would.
HOUSEL: They would.
COTTLE: Yes.
HOUSEL: Okay, thank you.
WATANABE: Any further questions of staff? If not, I have one individual that's signed
up to testify: Dante Mettler. Danette. Boy, I'm messing up everyone's name. I'm sorry. May I
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swear you in, Ms. Mettler? Do you swear or affirm to tell the truth now before the Planning
Commission?
METTLER:
I do.
WATANABE:
Thank you. State your name and address, and begin-.
METTLER:
Kona, Hawai'i.
My name is Danette Mettler and I live at 76-6357 KololiaStreet, Kailua-
WATANABE:
Okay, you can begin your testimony.
METTLER: I attended the Windward Planning Commission where they had added that
language. But I would like to ask this Commission if we could also allow the placement of
antennas on existing structures so long as they were concealed; this would I think encourage
telecommunication companies to use stealth technology so that it's not visible. For instance, T-
Mobil even during the using the State Land Use that was in place at the time allowed for
antennas to be on a rooftop, and T-Mobil had enclosed it in what looked like a chimney; so when
you drive by that house, you would never know that there was an antenna there. And I'd like to,
I live in this community, too, and I'd like to encourage carriers to use the stealth technology and
this might be a way to create an incentive for them.
WATANABE:
Okay, so it's not so much for co-location as it is for stealth?
METTLER: Stealthing, yes, well, we've already, the language has already been revised
in the Windward Planning Commission and I have no issues with that.
WATANABE:
Okay. Is that the gist of your testimony?
METTLER:
That's it.
WATANABE: Okay. Fellow Commissioners, do we have any questions of Ms. Mettler?
Well, thank you for your testimony. You may be seated. Does anyone care to make a motion?
And the motion will be to forward a favorable or-.
BOWMAN:
Can I -?
WATANABE:
Yes.
BOWMAN: Just ask a stupid question? I'm sorry, I should have done it when you
were up here. If all telecommunication towers are enclosed, or if they put additional -. I don't
understand what it means, I'm sorry.
METTLER:
That's all right. Explain it again?
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BOWMAN: I can understand if it's on top of a house, have a faked chimney, but what
if it's not on top of a house? What do they do?
METTLER: Okay, for instance, a lot of times commercial buildings or hotels or
something, we can do a faise parapet; so if it would be on top of an elevator shaft typically where
the antennas are behind, the, our friendly material they use something that's like Fiberglas so that
the antennas can actually, it doesn't impede their signal but it hides it behind a stealth panel and
it's painted to match the building so it looks like an architectural detail.
BOWMAN:
Okay. And this would be on all towers.
METTLER: Not towers, per se, because we, you've already amended and said that if
we are going on an existing tower, that we don't need to do a Use Permit, because presumably
it's already been reviewed by the Planning Commission and been approved for future co-
location. And since a Special Permit is not allowed anymore, a carrier would have to come in
and get a Use Permit for things that they had already gotten approval for, and I don't think that
the Planning Department, you know, I think the reason why they were so willing to make that
change is so that they wouldn't have to go back and re-permit things that had already been
permitted.
BOWMAN:
that?
Right. So you are recommending that we add something at the end of
METTLER: That you allow antennas in the area stated here, RS, RD, RM, RCX, RA,
FA, A and IA districts, so long as they are concealed, and then we still would have to come and
have, get plan approval for each use. And plan approval addresses esthetics and colors and
landscaping and things like that.
BOWMAN:
So long as they are concealed.
METTLER:
Concealed, yes, from public view.
BOWMAN:
Okay, I mean, they are going to see them -.
METTLER: .
No, no, they wouldn't.
BOWMAN: I mean they'll see something. But what you are saying is they'll see
something more esthetically pleasing -.
METTLER:
enclosure.
They won't be seeing the antenna itself; they would be seeing the stealth
BOWMAN:
So we would add that they be concealed.
METTLER:
Yes.
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BOWMAN:
Okay, thank you.
WATANABE:
Any further questions? Mr. Housel.
HOUSEL: Are you - I just want to make sure, I understand what you are asking for -
are you suggesting that they be concealed if possible, or asking that they be required to be
concealed?
METTLER: If you allowed for antennas to be a permitted use so long as they had plan'
approval, the carrier would have an incentive to go and conceal their antennas; ifthey didn't,
they would have to go through a Use Permit. So it's not to say that they are required to do that,
because in some instances it wouldn't make sense because there's maybe nobody for five miles
around - so what would be the use of stealthing? Butin some instances where they can in their,
in the area, it just, I'm just saying that if it would provide an incentive for the carriers to pay the
extra cost - stealthing is expensive - to pay the extra cost and say we can get our product to
market faster, if we can make this design and conceal it.
HOUSEL:
Okay, thank you for your explanation.
WATANABE:
Okay. Are we - ? Yes, Ms. Bowman.
BOWMAN: So you are saying where possible, I mean, where it would be an eyesore or
where it would be visible by the general public?
METTLER:
Yes.
BOWMAN:
conference.
Okay. Maybe I can ask if this was brought up at the Windward
COTTLE: Yeah, let me see in understand what you are asking for. So at the
Windward meeting something similar to this came up where you suggested ifthere's for example
like an existing barn on Ag land, you would like the ability to add an antenna since the barn is
considered a structure -.
METTLER:
Right.
COTTLE:
Without requiring a Use Permit.
METTLER: Right. And I didn't, I did not talk to the Windward Committee (sic) about
the stealthing idea; that was something I came up with later. I had asked the Windward
Committee (sic) that in the State Ag Land Use the new law that came out there's some, there was
some debate as to what it really meant; in my opinion I thought it meant that you could co-locate,
you could put antennas on existing towers. What it says is existing structures and a structure was
defined as a tower or any other legal structure. So what I was asking for from the Windward
Committee (sic) is to use what we all thought that was the meaning of the State law and inserting
that into it. The Windward Commission had to say no; they didn't agree with that because there
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were several different, there was Residential as well as Ag included in this new legislation. So
they didn't want to see an antenna be on their neighbor's home. And I agree with that. But I do
think that as long as it was concealed - I think the main challenge that telecommunication has is
esthetics - and if we could say that it's permitted as long as it's concealed, it was allowed in the
State Ag, if it had four walls around it, it was an allowed use, because it was considered a
communication building, communication equipment building.
WATANABE: So let, let me, may I interrupt? So what you are saying, your intent is to
try and see ifthere's a more expedient way of deploying a communications antenna in a
residential area without going through the Use Permit necessarily.
METTLER: Not necessarily just residential, I mean, if you want, we could even break
this out into maybe just Ag or whatever -.
WATANABE:
But that's the general intent.
METTLER: But, yes, right, that's what I was requesting in all of these - Residential
and Family Ag and Ag.
COTTLE:
Mr. Chairman?
WATANABE:
Yes.
COTTLE: Just for the record, when this issue, not the stealth issue carne up, but the
issue of allowing antennas on existing structures like, for example, barn on Ag land carne up, the
Director did not support that at the Windward meeting.
WATANABE: Okay, so, on an existing structure she wasn't real supportive of that -
more than likely it'll be too close, etc. Okay.
COTTLE:
That's correct. The Director didn't want to forfeit the ability to -.
WATANABE:
Use her own discretion?
COTTLE: Provide neighbors to provide input and also review it for the location of
the tower or other structure.
WATANABE:
Okay, very good. Do we have any further questions for Ms. Mettler?
BOWMAN: Okay, I just want to clarify. I misunderstood; I thought you were saying if
they were going to put, that there was already an existing telecommunication tower and you were
going to co-locate something, that then it would have to be enclosed, so -. I apologize. I'm
confused. It's new.
WATANABE:
Okay. Mr. Housel, any last remarks?
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HOUSEL:
No, I think I've understood it very well. Thank you.
W A TANABE: Okay, very well. Thank you for your testimony. (Addressing to a
member ofthe public) I see you are raising your hand, sir, but if you want to testify, you need to
SIgn up.
ESTES: Yeah, I didn't know this was coming up. I'm just a wireless
communication expert and Ijust would like to make a comment-.
WATANABE:
Then sign up. You can go and sign up.
MASUNAGA:
Yeah, right now.
ESTES:
Okay.
GIFFIN :
Mr. Chairman?
WATANABE:
Yes.
GIFFIN: While that gentleman is signing up, I have a question of Corp. Counsel
and/or Maija. Ifwe are speaking of an ordinance that is already gone through this process in the
other Planning Commission, don't we have to have the same -?
W AT ANABE: Yes, we are just making a recommendation, and the ordinance would then
go before the County Council. So you know, we-.
GIFFIN:
But ifit's different from the other Commission, what happens?
GONZALEZ: Okay, so actually, when the Charter amendment went through to create the
Windward and Leeward, it designated that each Commission individually would have to provide
input on matters that would be changed or affected countywide. So the situation like this could
arise where Leeward may send up a different recommendation than Windward; it's possible the
way that the law is drafted. Practically speaking, itcreates issues, which is what you are trying
to address. But my answer to you is, the way that the law is, it's possible that there could be a
conflict between Leeward and Windward because each side is taking into account the specific
interest of the people in their areas, which might be different by geographical location and then it
might not.
HOUSEL:
Commissions?
So it's not required that we have agreement between the two
GONZALEZ: It's not a legal requirement, but like I said, practically speaking, to be
consistent we would like some type of consensus.
HOUSEL:
Right.
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WATANABE:
Okay. Zion Estes? Mr. Estes?
ESTES:
dealing with -.
Excuse me for being last minute. I wasn't aware that you guys were
WATANABE:
Yeah, I need to swear you in, sir.
ESTES:
Okay.
W A TANABE: Raise your right hand. Do you swear or affirm to tell the truth now before
the Planning Commission?
ESTES:
Yes, I do.
WATANABE:
I need your name and address.
ESTES:
Zion Estes. My address is 65-1316 Lihipali Road, Kamuela, Hawai'i.
WATANABE:
Fine. You may begin your testimony.
ESTES: Yeah, I was just listening to what the testimony was. As ~ar as being low-
profiler, you know, you guys might want to research as far as different bandwidths, cause the
problem would be is, if you cover the transmitters, the communication companies are going to
have to run higher voltage through the transmission and that's a lot worse for hea1tl~ - No.1. No.
2 is that"there is a federal mandate for the FCC called the National Broadband Plan coming out in
February of next year, and there is about ten billion in funding for rural and urban areas. So I
don't think we want to really necessarily limit our local capacity in any region, you know; I think
that maybe subdivisions and maybe people that live on Ag land, you know, should vote whether
or not they want to have wireless communication capability in their area. But in general for rural
and urban development areas that's the federal standard is that it's being implemented as of next
year in February. And so if we get ourselves in position now until February - is what I'm doing
- we could capitalize and bring some, a lot of money into the local economy. And that's about
all I had to say.
W AT ANABE: Thank you. Do we have any questions of the testifier? Okay, thank you
for your testimony.
ESTES: Thank you.
WATANABE: Okay, that's the end of the public testimony. So, is anyone interested in
making a motion? Mr. Housel.
HOUSEL: Mr. Chair, I'd like to make a motion. On the amendment to Chapter 25,
Hawai'i County Code 1983 (2005 Edition), that we make a favorable recommendation to the
County Council.
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WATANABE:
Okay. Do I have a second on that?
IOKEP A:
I second.
WATANABE:
Thank you. Any further discussion on this? Maija?
COTTLE: Thank you, Mr. Chairman. Just to clarify, this is the yellow revisions?
Okay. Commissioner Housel?
HOUSEL:
Aye.
COTTLE:
Commissioner Iokepa?
IOKEP A:
Aye.
COTTLE:
Commissioner Beaudet?
BEAUDET:
Aye.
COTTLE:
Commissioner Bowman?
BOWMAN:
Aye.
COTTLE:
Commissioner Giffin?
GIFFIN:
Aye.
COTTLE:
And Mr. Chairman?
WATANABE: ,
Aye.
COTTLE:
Okay, that is six-zero to forward a favorable recommendation.
WATANABE:
Okay, thank you.
The discussion ended at 2:48 p.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
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~
WINDWARD PLANNING COMMISSIION
COUNTY OF HAW AI'I
HEARING TRANSCRIPT
NOVEMBER 6, 2009
A regularly advertised hearing on the PLANNING DIRECTOR'S PROPOSAL TO AMEND
CHAPTER 25, HA WAIl COUNTY CODE, BY REQUIRING A USE PERMIT FOR
TELECOMMUNCIATION ANTENNAS AND TOWERS was called to order at 12:12 p.m. in
the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i, with
Chairman Rell Woodward presiding.
PRESENT:
Rell Woodward
Takashi Domingo
Andrew Iwashita
Zendo Kern
Shelly Ogata
Wallace Ishibashi
Brandon Gonzalez, Deputy Corporation Counsel
BJ Leithead Todd, Planning Director
Nonnan Hayashi, Planning Program Manager
Jeff Darrow, Staff Planner
Maija Cottle, Staff Planner
And 2 people from the public in attendance.
INITIATOR: PLANNING DIRECTOR
Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, as amended) by requiring a
Use Permit for telecommunication antennas and towers situated within the Residential and
Agricultural (RA), Family Agricultural (FA), Agricultural (A) and Intensive Agricultural (IA)
zoned districts.
WOODWARD: Next item is Agenda Item No.4, a Planning Director initiated amendment
to Chapter 25 of the Hawaii County Code relating to telecommunication antennas and towers.
Maij a.
COTTLE: Thank you, Mr. Chairman. The Planning Director is initiating this
amendment to the Zoning Code because the State law was recently changed to allow
telecommunication antennas and towers as a permitted use within the State Land Use
Agricultural District. And in order to afford the public an opportunity, surrounding property
owners, to provide input on proposed antennas and towers on applications that come before us
the Director is recommending that a Use Pennit be required. So this is just a change to the
Zoning Code to provide for that.
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And I also just want to add that we overlooked another portion of the Zoning Code. There are
actually about four sections that talk about telecommunication towers. And so we would want to
amend one more section along with this, this bill that's transmitted to Council. This is Section
25-2-61, No. 11. And cUlTentIy it reads that a use permit is required for telecommunication
antennas and towers in the RS, RD, Rand RCX zoned districts, and then we would just want to
add the RA, the SA, the Ag, A, and IA districts to that. Are there any questions?
WOODWARD:
Madam Director.
LEITHEAD TODD: This is basically as a result of some State legislation which OCCUlTed which
the prior Planning Director did not think impacted our County Code. Upon reviewing it and
checking with the other counties and looking at the language of the State legislation and also
confelTing with Corporation Counsel in fact it did impact and basically legalized
telecommunications towers in State Ag lands without getting any kind of a Use Permit from the
County. And while, you know, we have not officially taken that position, this is meant to take
care of that in the event that somebody were to contest and say that they could just build it
without a permit. This would require at least a use pennit; and then that gives us the opportunity
to review, as well as the neighboring property owners an opportunity to come in alid list any
objections that they may have. Otherwise, without this legislation there is a possibility that a
telecommunications provider could go ahead, build something and say that they didn't need a
special permit; and then it's a strong likelihood that they would prevail in court.
WOODWARD:
Thank you. Commissioner Domingo?
DOMINGO: Thank you, Mr. Chainnan. Since we're addressing telecommunications
antennas, and I think this item has come up for the sole purpose as emphasized by the Planning
Director, can we address the issue of residential areas?
LEITHEAD TODD: Well, that's why we're adding all of this in, is basically there are different
types of residential uses that weren't necessarily included when we looked at that and we looked
at the fact that Family Ag and, you know, some of these areas are more like residential, but we
expanded it. And we're basically trying to say that anywhere you want to put it in you've got to
come in and get some kind of a use permit from us.
With the exception of the first set, I'm SOlTY, okay, in Resort and Commercial areas it's
permitted. Okay? It's going to need a Use Permit in the Residential and Agricultural and Rural
areas.
WOODWARD:
Commissioner Iwashita.
DOMINGO:
Mr. Chainnan?
WOODWARD:
Oh, yes.
DOMINGO:
properties?
Can you just omit having telecommunication antennas in Residential
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LEITHEAD TODD: The concern over that is because of Federal legislation that a blanket
denial of telecommunications antennas in Residential areas might be viewed as rmming afoul of
Federal legislation protecting them. The other thing is what you do sometimes in Residential
areas is that you can require that it be put on an existing building, you know, as opposed to a
free-standing, also are requirements that the distance from, you know, neighboring properties.
Those are the kinds ofthings you can do in Use. The difficulty in providing towers is because
you have to have a certain radius of service. And so sometimes the only place that you can put it
may be in a Residential area in order to have the service. But by requiring a Use Pennit it means
that the Planning Commission has the opport.unity to review it and determine whether it's
appropriate.
WOODWARD:
Commissioner Iwashita.
IW ASHIT A: Thank you, Mr. Chair. I just want to get a clarification that this change in
our County Code is not going to, I don't know, is there any conflict of law issue with the State
law?
LEITHEAD TODD: This, the State law now permits telecommunications towers in State Land
Use Ag. But what the other Counties have is regulations within their own County Ag and other
areas that say you have to come in and have a use permit. . And what occurred at the State
Legislature -. This is a bill that kind of slipped under the radar as far as the County of Hawaii
was concerned. I think possibly because the fonner director did not think it was going to impact
our lands. And the testimony was primarily from City and County, and I believe it was maybe
Maui County; and they had no objection. But the reason they had no objection is they were
already requiring Use Permits under their County Zoning. So even though the State passed the
legislation it didn't impact their counties. We were the only one that said that, our current
language said that they were permitted; and we were only requiring the special use permits
because they weren't a permitted use in the State Land Use Ag.
WOODWARD: All right, thank you. We do have one person signed up to testify from the
public. If there are no further 'questions for staff, Danette Mettler. Good morning, actually good
afternoon.
METTLER:
Good afternoon.
WOODWARD: If you'll raise your right hand. Do you swear or affirm to tell the truth
today before the Windward Planning Commission?
METTLER:
I do.
WOODWARD: Very good. If you'll give us your name and addressed and then you may
begin your testimony.
METTLER: My name is Danette Mettler. My address is 76-6357 Kololia Street,
Kailua-Kona, Hawaii. I represent Verizon Wireless as an outside consultant and I have been
3
doing this type of work, been doing planning for telecommunications since 1995. I've reviewed
this Code change and I've also sent it out to all the other consultants that I could think of and
asked for their opinion. They wanted to be here today but with this short notice, I received the
notice of this being on the agenda on Tuesday, they couldn't make it and wanted me to ask if
there was any way where we could continue this on to your next meeting to give them an
opportunity to come. If that's not possible, I did get, take notes from the people I spoke to and
I'll go over that with you.
I don't think any of the carriers have any issue to providing some sort of public notice for a new
tower. That just seems to be common sense. The Code includes, it says an antennae or tower
shall be pennitted provided that its use is not hazardous or dangerous to surrounding area and it
has a use pennit.
The County and the Commission has typically tried to encourage co-location on the different
towers. We don't want to see towers all over the island. So the recommendation would be to
maybe allow antennas in these areas as long as they are attached to an existing stmcture. We
felt, when I read that Act 171, I thought that that's what it was.saying. I thought it was saying
th<l;t it allowed antennas on any existing stmcture. But if you wanted a new tower you'd still
have to come in for a permit; and that made sense to me. So if you're trying to promote co-
location on an existing stmcture, if you could make more of an easier path for the carriers to take
that route, and trying to make that work as opposed to erecting new towers, it just makes sense to
me that you would want to do that. Also, the way this appears to be written, if a tower has a
special permit on it that was granted and antennas were added, if you were to want to add
additional antennas to it, you would have to come back and get a use permit. And I don't know
if you all want to go back and rehash towers that are already existing just to bring it into
conformance.
WOODWARD: If I might just address that. We have in the past, when we've given use
permits for antennas, stated you can have up to "x" number of antennas. And the only thing that
would require another pem1it is if you're talking about a taller tower or something of that nature,
rather than putting more, actual antelmas on it. That's just my understanding. Is that correct?
LEITHEAD TODD: Yeah, and I actually have rio objection to an amendment that would allow
co-location on an existing tower to be a permitted use so long as there was, you know, it was
included in the plan approval, you know, so that we could be assured that the tower could
support the additional weight or the additional structure.
METTLER: That's right. There still is that. But I'm not talking about just towers. I'm
talking about any stmcture. I'm talking about a building, or windmill, anything. So-.
IWASHIT A:
Can I, Mr. Chair?
WOODWARD:
Yes, Commissioner Iwashita.
IW ASHIT A: I guess the way I read the amendment is that a use permit, something that
this body would have to approve, is only required in those designated Residential and Ag areas.
4
In the Commercial and those other areas, basically a plan is submitted to the Department and the
Director reviews and signs off on it. It's not a, it's a real administrative process. And so I guess
my reading ofthis is that's how it's done, you know, for the antennas that we see down in
Keaukaha on the buildings and so forth. Those are basically just signed off administratively.
We never saw anything on that. And I guess to me that's a reasonable way to go about it. I
guess right now that's how it works, right?
METTLER:
That's right.
IW ASHIT A:
And so it works okay, right, that way?
METTLER:
That's right.
IW ASHIT A: Yeah. So we're not changing that. All we're saying is that in Ag because
the State law now allows antennas on State Ag property, right, that we needed to add -. Unlike
Maui, I guess my impression is Maui and Oahu had already a permitting process for Ag and we
don't have one for ours. Ours was done by a special permit, special use permit. So all we're
doing is confonning to what Oahu and Maui has. So as long as Oahu and Maui is working okay
for you guys, basically all we're doing is changing it to conform to that.
WOODWARD: It may be worthwhile to consider adding a sentence such as "Co-location
of an antenna on existing tower or structure is exempt from the use permit," if that's acceptable
for the Director.
LEITHEAD TODD: Well, I was going to suggest some language that perhaps at the end of this
paragraph that says "Where there is an existing telecommunication tower, co-location of
additional antenna or equipment will be pennitted provided the Director has issued plan approval
for such use."
METTLER:
So would that just be for towers or any existing structure?
LEITHEAD-TODD: Well, it's intended for co-location as opposed to an existing structure.
METTLER:
It says" tower" though, mine says -.
LEITHEAD-TODD: Yeah, but it's anexisting telecommunications tower for co-location. And
the co-location means that there's something there already, not that you're introducing a
telecommunications antenna on something that doesn't cUlTently have something.
METTLER:
Is there a definition somewhere about what a tower means in -?
LEITHEAD-TODD: There is in the early part of the Zoning Code.
METTLER:
So that would need to be amended as well, right?
IW ASHIT A:
Mr. -?
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WOODWARD:
Okay, Commissioner Iwashita.
IW ASHIT A: Without looking at the definition of antelma or tower that first sentence of
25-4-12(a) basically, to me, any co-use, co-location use ofa tower or any structure, that's an
antenna, right? You're adding antennas for different providers, right? So it seems to me that we
don't need any more language. I mean ifthere's a co-location that's going to be put in, that has
to come for departmental approval, and that's all, youlmow, plan approval. And that's how it's
done now, isn't it?
METTLER:
Or maybe even an addition of a definition of co-location.
IWASHITA: No. What I'm saying is we don't have to define co-location. Because
whenever you want to, if you have an existing structure, an existing tower that already has one
provider's antennas on it, if another provider wants to come in and put antennas on it, he submits
his plans to the Department, I'm assuming that this is how it is right now, he submits the plans to
the Department, and the Department, the Director signs off plan approval, and it's done. That's
how it's done now, right?
METTLER: I'm not clear about that. So just, you talk about co-location because there
are already antennas there and you've got a second carrier. For this example, you go and a
farmer has a barn that you could put antennas on the rooftop, and there are no other antennas
there, it's an existing structure, it's permitted, it's legal. Could you under these circumstances be
able to put an antemla on that barn -?
IW ASHIT A:
No, that's in an Ag -.
METTLER:
use permit?
And, and be ahle to get a plan approval, or would you have go through a
IWASHITA: I see. Okay, I see what you're saying. So what she's asking for is that
Ag, the Ag place, without the need of, if they're not asking for a tower, just putting antennas on
an Ag building, can that be done by Departmental approval?
LEITHEAD TODD: I think you're asking for more than that, aren't you?
METTLER:
No -.
LEITHEAD TODD: Cause you're asking like in other areas ifthere was some, just not the Ag
but if in other areas -?
METTLER:
Well, in all the areas, too.
LEITHEAD TODD: In, like Multiple Family if you wanted to put an antenna on top ofthe-?
METTLER:
That's right.
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LEITHEAD TODD: Apartment building or something like that -?
METTLER:
Right, right, everything that was in here -.
LEITHEAD TODD: You would just be able to do it.
METTLER: The Y, CN, or, wait a minute, pennitted in Residential Ag and Family Ag,
right, the RS, RD, RM, RCX, RA, FA, A and IA.
LEITHEAD- TODD: Perhaps in the interest of expediting this, if the, if the Commission wanted
to approve this with a recommendation that the Planning Department come up with a proposed
amendment to allow for co-location of antennas on existing structures, then we could come up
with some language that we would then take to the County Council.
IW ASHIT A: Okay. Because what I see is that, I guess the end result of what's being
suggested is that only if a separate tower is being requested to be built, then it comes to this body
for a use permit. If the antennas are going to be attached to an existing Ag building or
Residential building they would like to just follow the Plamling Department Director's approval
process; and that seems reasonable. Yeah, so I, Mr. Chair, I would move that the -.
DOMINGO:
Just -,
WOODWARD:
I think Commissioner Domingo had a comment.
IWASHITA:
Oh, 'sorry.
DOMINGO: Just one question. You know, Mr. Iwashita, you said ifthere's an Ag
building and if they want to come and put an antenna, they can just do it without any permit
application -?
IWASHITA:
Right.
DOMINGO:
Approval?
IW ASHIT A: So if my friend up at Sunrise Ridge wanted to make a deal with a
telecommunication company to attach an antelma to their million dollar house that they could do
so with basically Department's approval and not have to go through a use pennit process with
the Commission.
DOMINGO:
I can't accept that, no way.
METTLER: But you still have your -, You know, plan approval makes sure that you
comply with setbacks and height requirements; and it does talk, it does review the aesthetics of
the application. And I think -,
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LEITHEAD TODD: Perhaps we could move-.
DOMINGO:
Those are all basics, those are all basics. What we're not -.
METTLER:
Or perhaps maybe we could -.
LEITHEAD TODD: Perhaps we could move this along based on the existing language and then
let the County Council and -.
IWASHITA:
Yeah, the real power-.
LEITHEAD TODD: You know, discuss it. Because I'm sure that they will discuss this
particular, because there's at least one Council Member I think who sued on the
telecommunications tower next door. So I'm sure that it will be weighed into significantly.
METTLER: Well, Ijust thought that maybe we could do this beforehand. I would just
urge you to consider even if you wanted to remove Residential out ofthose and just leave in-.
So it would be similar to what we believe that the Act 171 was doing before we got the opinion.
So in the Agricultural property, which is the majority of what we have here, on Ag land be able
to pennit antennas if they're on an existing legal structure. I think that, I understand where the
concern is for Residential, keeping in mind too that we would have to come back to you for any
time we were going to add an antelU1a on a tower that has a special permit, because you're now
requiring a use pemlit. So every time we want to add an antenna we're going to have to come to
you to get a use pennit; and I don't think that that's really your intention.
WOODWARD:
Well, Commissioner Kern.
KERN: Yeah, I think as far as having an existing building on a piece of Ag land
and to be able to allow an antenna to go on top of that without a permit I disagree with. I think if
there's an existing building with an antenna already on it, and it has already been approved to do
a co-location on top of something that's already existing, it would be acceptable. To me with
just saying that if there's a structure there and we can put it on top of that without a tower, it's
just a loophole. I mean, let's build a barn and put an antenna on top of it instead of building a
tower.
METTLER: Well, the way they had worded it is that there was a sentence that in no
way does this, can you do that. Ifthe bam is built for the purpose of putting an antenna on it
then that's not, that should be covered. If we can say in no way does this, is this, is there an
intention to pernlit any structure for the sole purpose of doing the, or not even for the sole
purpose -. But there's got to be some way to word it.
KERN:
Yeah. And what's the problem with getting a special pennit on -?
METTLER:
Special use pennit?
KERN:
Yeah.
8
METTLER: Well, it's really not that big of a deal except for the fact that what we've
got now is we've got several towers already existing that have special pennits on it. They've
already come before the Commission, they already have approval. And now we want to go out
and we want to change an antem1a or add some antennas to it and we have to come in and get a
reapproval on the use permit.
OGAT A:
It's still an existing tower.
KERN: Yeah, I agree that it's already existing, that there should be some
flexibility there. But -. I'm done, thank you.
METTLER:
Okay.
WOODWARD:
Madam Director.
LEITHEAD TODD: Well, the language I had proposed earlier was that, "Where there is an
existing telecommunication tower, co-location of additional antenna or equipment will be
permitted provided the Director has issued plan approval for such use."
WOODWARD: Sounds good to me. Is everybody happy with that one? I don't know if
you're happy with it but that's all you're getting, I'm afraid.
IW ASHIT A:
Well, Mr. Chair?
WOODWARD:
Yes, go ahead.
IWASHITA:
I'm prepared to make a motion.
WOODWARD:
All right.
METTLER:
Does tower mean then structure? That's what I'm, I was just trying -.
LEITHEAD TODD: Yeah, it means -.
METTLER:
It does mean structure?
LEITHEAD TODD: A telecommunication tower.
METTLER:
A tower could be anything. It could be a structure of any kind.
LEITHEAD TODD: Yeah, we can always ask for more later. There are things that -.
METTLER: Yeah, no, no, that's fine. I just want a clarification because it says tower.
In my mind a tower is a self-supporting structure -.
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LEITHEAD TODD: Yes.
METTLER: For the sole purpose of antennas. And ifthere's an apartment building
that has already got a permit -.
LEITHEAD TODD: Basically this is on the floor and it's basically designed to try and take care
of co-location on an existing tower, something that has already been approved for, you know,
putting telecommunications equipment. You know, if you want to argue additional language I
think that the appropriate venue is going to be the County Council; and I recommend coming in
with a proposed change -.
METTLER:
Okay.
LEITHEAD TODD: That's written out.
WOODWARD:
Commissioner Iwashita.
IW ASHIT A:
County -.
Yes. As to I guess Item 4, yeah, 4, amendment to Chapter 25, Hawaii
METTLER: Excuse me, can I say one more thing before you start? I had one other
issue that I wanted to bring up.
WOODWARD:
Okay, briefly.
METTLER: So sorry. In here it says that the telecommunication antenna or tower shall
be permitted in whatever districts, provided that the antenna, tower and its use are not hazardous
or dangerous to surrounding area and director -. I know that it says that it is, that this is currently
in the Code where it says ~'and its use is not hazardous or dangerous." I just wonder if having the
word "antenna" in there, and the Federal Communication Act recognizes the impact of "hazard"
from antennas, and I'm wondering-.
WOODWARD:
Right, this does not circumvent the Telecommunications Act of 1996.
METTLER:
Okay. It appears to, I just wanted to bring it up.
WOODWARD: No, it can't because the Telecommunications Act specifically says no state
or local jurisdiction can have any, to circumvent -.
LEITHEAD: Yeah, this mainly goes to whether the structure is built to a certain
hurricane resistance standard more than anything else.
METTLER:
Okay. But it does say antenna on it. Ijust wanted to bring it up.
LEITHEAD TODD: Well, ifthe antenna is going to faIl off at an 80-mile per hour wind then
it's hazardous.
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METTLER:
Okay.
WOODWARD:
Okay.
METTLER:
Sorry.
WOODWARD:
Commissioner Iwashita?
IW ASHIT A:
Yes.
WOODWARD: Where were we? As to Item No.4, Amendment to Chapter 25, Hawaii
County Code 1983 (2005 Edition, as amended) by requiring a Use Permit for telecommunication
antennas and towers situated within the Residential and Agricultural (RA), Family Agricultural
(FA), Agricultural (A) and Intensive Agricultural (IA) zoned districts, I move that the proposed
amendment be forwarded to the County Council with a favorable recommendation, including the
additionallanguage proposed by the Director on the record.
KERN:
Second.
WOODWARD: All right, very good. It has been moved and seconded. Any discussion?
All right, seeing none, Maija.
COTTLE: Thank you, Mr. Chainnan. I'd like to ask, is that also including the
language that I discussed in the very beginning of -?
WOODWARD:
Yes.
COTTLE:
Okay, thank you. Commissioner Iwashita?
IW ASHIT A:
Yes.
COTTLE:
Commissioner Kem?
KERN:
Aye.
COTTLE:
Commissioner Domingo?
DOMINGO:
Aye.
COTTLE:
I'm sony, could you repeat that.
DOMINGO:
Aye.
COTTLE:
Commissioner Ishibashi?
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ISHIBASHI:
COTTLE:
OGATA:
COTTLE:
WOODWARD:
COTTLE:
WOODWARD:
METTLER:
WOODWARD:
Aye.
Commissioner Ogata?
Aye.
And Mr. Chairman?
Aye.
Okay, motion was approved six-zero.
Okay.
Thank you.
Thank you.
The discussion ended at 12:40 p.m.
Respectfully submitted,
c1J2~ ~ V\~~
Sharon M. Nomura, Secretary
Windward Planning Commission
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