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HomeMy WebLinkAboutCOM 0047.000 2010-2012 �ZV OF of 1 William P. Kenoi William T. Takaba Mayor • : • Managing Director r � -N Wally Lau �rE os'M► Deputy Managing Director County of Hawaii 25 Aupuni Street • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 75 -5722 Hanama Place, Suite 102 • Kailua -Kona, Hawaii 96740 (808) 327 -3602 • Fax(808)326 -5663 December 16, 2010 Honorable Dominic Yagong, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: f Initiator: Planning Director Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended) Relating to Use Permits and Telecommunication Towers Initiator: Planning Director Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended) Relating to Use Permits and Schools As required by Chapter 4, Sec. 6- 4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Leeward and Windward Planning Commissions' letters and enclosures regarding the above - referenced requests. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department �3� �3> Hawai `i County is an Equal Opportunity Provider and Employer 47 Comm. No. Ref. To: C Ref. Date ©EC 2 9 2,010 a �j��f MOM :•' \\ 4l! Gf • H► • � County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 , :SEC 1 `6 2010 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Initiator: Planning Director Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended) Relatinjz to Use Permits and Telecommunication Towers The Windward Planning Commission at its duly held public hearing on November 10, 2010, considered the Planning Director's request for an amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition as amended) relating to Use Permits and telecommunication towers. 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, Rell Woodward, Chairman Windward Planning Commission Lpdinitiated- usepermits &telecommunicationtowers W WPC Enclosures cc: Planning Department — Kona Amy Self, Esq. Hawai `i County is an Equal Opportunity Provider and Employer J �tY 0! County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 ' Hilo, Hawaii 96720 Phone(808)961 -8288 • Fax(808)961 -8742 W N The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai `i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Initiator: Planning Director Amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition, As Amended) Relating to Use Permits and Telecommunication Towers The Leeward Planning Commission at its duly held public hearing on November 24, 2010, considered the Planning Director's request for an amendment to Chapter 25, Hawaii County Code 1983 (2005 Edition as amended) relating to Use Permits and telecommunication towers. 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, Frederic Housel, Chairman Leeward Planning Commission Lpdinitiated- usepermits &telecommunicationtowersLW PC Enclosures cc: Planning Department — Kona Amy Self, Esq. Hawai `i County is an Equal Opportunity Provider and Employer BRUSEPermitTelecom. doc- 10/28/ 10 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION INITIATOR: PLANNING DIRECTOR AMENDMENT TO CHAPTER 25 (ZONING CODE), ARTICLE 2, ARTICLE 4 AND ARTICLE 5 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE PERMITS AND TELECOMMUNICATION ANTENNA AND TOWER The Planning Director is requesting an amendment to Chapter 25 (Zoning Code), Article j 2, Article 4 and Article 5 of the Hawaii County Code, 1983 (2005 Edition, as amended), relating to Use Permits and Telecommunication Antenna and Tower within the Open (0) zoned district. BACKGROUND Chapter 25, article 4, division 1, section 25 -4 -12 of the Zoning Code currently permits a telecommunication antenna and tower as an permitted use within the Open (0) zoned district. "(a) A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX, ML, MG, O, 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, RCX, RA, FA, A and IA districts if a use permit is obtained for such use. 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." (emphasis added) Section 25 -5 -160 of the Zoning Code describes the purpose and applicability of the Open zoned district as follows: "The O (open) district applies to areas that contribute to the general welfare, the full enjoyment, or the economic well -being of open land type use which has been established, or is proposed. The object of this district is to encourage development around it such as a golf course and park, and to protect investments which have been or shall be made in reliance upon the retention of such open type use, to buffer an otherwise incompatible land use or district, to preserve a valuable scenic vista or an area of special historical significance, or to protect and preserve submerged land, fishing ponds, and lakes (natural or artificial tide lands)." -1- ATTACH: Comm . 47 Bill 13 i It is quite obvious that to permit a telecommunication tower as a permitted use on Open - i zoned land without the benefit of public or agency review does, at face value, run contrary to the i purpose of designating lands within the Open -zoned district. There is no better way to I emphasize this point than to describe a recent proposal to place a telecommunication tower upon the flanks of Hala`i Hill in the City of Hilo, a location that is designated Open by the Zoning Code and which permits a telecommunication tower on this hill as an outright permitted use. Hala`i Hill is a landmark that is part of a complex of three cinder and spatter cones prominent in Hawaiian mythology through its association with the legend of the demigod Maui and his sisters, Hinakeahi and Hinaikawai. Hala'i Hill is also identified as a site of natural beauty in the General Plan. There is concern that the placement of the proposed telecommunication tower upon Hala`i Hill will desecrate the significance of this hill in Hawaiian folklore and its designation as a site of natural beauty. The proposed bill will provide a mechanism to allow for a more thorough review of any future proposal to establish a telecommunication antenna or tower upon lands designated Open by the County. RECOMMENDATION For the reasons stated above, the Planning Director recommends that the Planning Commission forward a favorable recommendation of the accompanying bill to the County Council to amend Chapter 25, Article 2, Article 4 and Article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to Use Permit and Telecommunication Antenna and Tower. -2- oJrtrlos New COUNTY OF HAWAII {_ �• STATE OF HAWAII - e- �J' •� Ni MU i• - \ 'ATE pF'N/. BILL NO. ORDINANCE NO. a AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, ARTICLE 4 AND ARTICLE 5, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO USE PERMITS AND TELECOMMUNICATION ANTENNA AND TOWER WITHIN THE OPEN ZONE DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: j SECTION 1. Chapter 25, article 2, division 6, section 25 -2 -61 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: 1 "(a) The following uses shall be permitted within designated County zoning districts only if a use permit is obtained for the use from the commission: (1) Bed and breakfast establishments in RS districts. (2) Crematoriums in all districts. (3) Churches, temples and synagogues, including meeting facilities for churches, temples, synagogues and other such institutions, in RS, RD, RM, RA, FA and A districts; provided that a minimum building site area of ten thousand square feet is required within the RS, RD, RM, and RA districts. (4) Day care centers in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. (5) Golf courses and related golf course uses including golf driving ranges, golf maintenance buildings, and golf club houses in the RS, RD, RM, RCX, RA, FA, A, V, CG, CV, and O districts. (6) Group living facilities that exceed the criteria in subsection 25- 1 -5(b), paragraph (b) of the definition of "group living facility" in the RS, RD, RM, RCX, RA, FA, A, CN, CG, CV, and V districts. (7) Hospitals, sanitariums, old age, convalescent, nursing and rest homes, and other similar uses devoted to the care or treatment of the aged, the sick, or the infirm in the RS, RD, RM, RCX, RA, FA, A, and V districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, RCX and RA districts. (8) Major outdoor amusement and recreation facilities in RS, RD, RM, RCX, RA, A, CN, CG, CV, MCX, ML, MG and O districts. (9) Mortuaries in RS, RD, RM, RCX, RA, FA and A districts. (10) Schools in RS, RD, RM, RA, FA and A districts, provided that a minimum building site area of ten thousand square feet shall be required within the RS, RD, RM, and RA districts. (11) Telecommunication antennas and towers in RS, RD, RM, RCX, RA, FA, A [] IA and O districts. (12) Yacht harbors and boating facilities in the RS, RD, RM, RCX, RA, V, CG, CV, MCX, ML, MG and O districts. (13) Wind energy facilities in the O district; provided that the property is within the state land use agricultural district. (14) Other unusual and reasonable uses which are not specifically permitted in any zoning district with the approval of the director and the concurrence of the council by resolution." I SECTION 2. Chapter 25, article 4, division 1, section 25 -4 -12 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) A telecommunication antenna or tower shall be permitted in the V, CN, CG, CV, MCX, ML, MG[-,-O-,] 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, RCX, RA, FA, A [] IA and O districts if a use permit is obtained for such use. 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." SECTION 3. Chapter 25, article 5, division 16, section 25 -5 -162 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (a) to read as follows: "(a) The following uses shall be permitted in the O district: (1) Aquaculture activities and facilities. (2) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (3) Community buildings, as permitted under section 25 -4 -11. (4) Existing churches and temples of historical significance. (5) Forestry. (6) Game preserves. (7) Growing of plants provided such growth does not impair a view intended to be preserved in the O district. (8) Heiaus, historical areas, structures, and monuments. (9) Natural features, phenomena, and vistas as tourist attractions. (10) Private recreational uses involving no aboveground structure except dressing rooms and comfort stations. (11) Public parks. (12) Public uses and structures, as permitted under section 25 -4 -11. 2 [ (13) Tel tion antennas, as PefmAte u nder- s 25 4-12 ? ([414] 13) Utility substations, as permitted under section 25- 4 -11." SECTION 4. Chapter 25, article 5, division 16, section 25 -5 -162 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (b) to read as 1 follows: i "(b) In addition to those uses permitted under subsection (a) above, the following uses may be permitted in the O district, provided that a use permit is issued for each use: (1) Crematoriums. (2) Golf courses. (3) Yacht harbors and boating facilities; provided that the use, in its entirety, is compatible with the stated purpose of the O district. 1 1 (4) Wind energy facilities; provided that the property is within the state land use agricultural district. (5) Telecommunication antennas. SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and i underscoring need not be included. SECTION 6. 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 of this ordinance are declared to be severable. SECTION 7. This ordinance shall take effect upon its approval. INTRODUCED BY: I COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 s ' Reading: Date of 2 nd Reading: Effective Date: 3 !. J WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 10, 2010 A regularly advertised hearing on the PLANNING DIRECTOR'S AMENDMENT TO CHAPTER 25 RELATING TO USE PERMITS AND TELECOMMUNICATION TOWERS was called to order at 11:58 a.m. in the County of Hawaii Councilroom , County Building, 25 Aupuni Street, Hilo, Hawaii, with Chairman Rell Woodward presiding. COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Takashi Domingo, Zendo Kern, and Wallace Ishibashi. STAFF PRESENT: Gerald Takase (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner). And 5 people from the public in attendance. ABSENT AND EXCUSED: Stephen Ono INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Articles 2, 4 and 5 of the Hawaii County Code, 1983 (2005 Edition, as amended), relating to Use Permits and Telecommunication Towers within the Open -zoned district. WOODWARD: The final item on the agenda is No. 7, Initiator: Planning Director, Amendment to Chapter 25 (Zoning Code), Articles 2, 4 and 5, relating to Use Permits and Telecommunication Towers within the Open -zoned district. Mr. Arai. ARAI: Thank you, Mr. Chairman. The proposed bill before you is, again, simply to implement a mechanism where a Use Permit is required prior to the establishment of telecommunication towers and antennas within the Open- zoned district. As currently written, the Zoning Code outrightly permits the erection and construction of a cell tower on Open - designated lands. And that by just its face value strikes contrary to what we believe is the intent of the Open -zoned district, which is to provide for open space recreational opportunities, to preserve scenic vistas and to preserve archaeological sites. We feel that this measure is basically a check and balance to ensure that those concerns and the preservation of the Open -zoned district, not preservation but the intent of the Open -zoned district is maintained. So with that we hope for your favorable consideration of this bill. WOODWARD: Very good. Any questions? DOMINGO: Just -. 1 WOODWARD: Commissioner Domingo. DOMINGO: Just another way to be assured that with these use permits the public will be given the opportunity to respond through public hearing? ARAI: Absolutely because the process will require publication in the newspaper as well as surrounding property owner notification. WOODWARD: Okay, any further questions? LEITHEAD TODD: And -. WOODWARD: Madam Director. LEITHEAD TODD: By way of background where, you know, we try to catch things as things come along but it's very difficult sometimes to do comprehensive review and rewriting of our Codes. Where this one came up was the top of Halai Hill is Open and there were plans to put a telecommunications tower up on top of Halai Hill, and it's smack dab next to residential property. But under our current Code it's permitted and there was no requirement to get any type of a permit. But we also started looking at the entire Open district and felt that this was more appropriate so that there was some public input before a tower went up in some of these areas. Because in many cases some of these Open areas are where you're likely to get some of the strongest opposition to a tower going up. WOODWARD: Okay, thank you. Any further discussion? Okay, let's take a vote. Mr. Arai. KERN: Do we have a motion? WOODWARD: Oh, don't have a motion? We didn't -? GONZALEZ: No. WOODWARD: Oh, let's have a motion first. DOMINGO: Okay, Mr. Chairman, I'll comply with your wish. I move that we send a favorable recommendation to the County Council with regards to amending Chapter 25 (Zoning Code), Articles 2, 4 and 5 of the Hawaii County Code, 1983 (2005 Edition, as amended). KERN: Second. WOODWARD: Okay, it has been moved and seconded. Any discussion? No, yes? Commissioner Kern. 2 KERN: Yeah, I just wanted to say that I can't believe that it's permitted in an Open district. That's flabbergasting. So I really hope that our Council approves this and it will make it a lot more sense, make sense. Thanks. WOODWARD: Yes, it does. Okay, now let's try for it, Mr. Arai. KERN: Any public testimony? WOODWARD: No, there's nobody from the public. ARAI: Commissioner Domingo? DOMINGO: Aye. ARAI: Commissioner Kern? KERN: Aye. ARAI: Commissioner Au? AU: Aye. ARAI: Commissioner Ishibashi? ISHBASHI: Aye. ARAI: Mr. Chairman? WOODWARD: Aye. ARAI: Mr. Chairman, motion carried with five aye votes. WOODWARD: Very good. Thank you. This concludes the items on the agenda. The discussion ended at 12:01 p.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 3 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 24, 2010 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 25, RELATING TO USE PERMITS AND TELECOMMUNICATION TOWERS was called to order at 11:27 a.m. in the King Kamehameha's Kona Beach Hotel, Ballroom I, 75 -5660 Palani Road, Kailua -Kona, Hawaii, with Chairman Frederic Housel presiding. COMMISSIONERS PRESENT: Frederic Housel, Brandi Beaudet, Lani Bowman, Thomas Hickcox and Richard Nelson ABSENT AND EXCUSED: Geraldine Giffin and Wayne Iokepa STAFF PRESENT: Brandon Gonzalez (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner) and Maija Cottle (Staff Planner) And two people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Articles 2, 4 and 5 of the Hawaii County Code, 1983 (2005 Edition, as amended), relating to Use Permits and Telecommunication Towers within the Open -zoned District. HOUSEL: The next item on our agenda is Item 8, and this is also initiated by the Planning Director. This is an amendment to Chapter 25, Zoning Code, Articles 2, 4 and 5 of the Hawaii County Code, relating to use permits and telecommunication towers within Open -zoned district. Daryn, would you like to present? ARAI: Sure. Thank you, Mr. Chairman. Recently, the Planning Department was approached with a proposal to place a telecommunication tower upon Hala`i Hill in the South Hilo District, City of Hilo. That hill is currently zoned Open by the Zoning Code. Now, in the purpose statement for the Open zoned district, and I'm going to paraphrase here, that the purpose of the Open zoned district is to encourage development around parks and those type of open uses and to preserve those type of investments to buffer incompatible uses or land use districts, preserve a valuable scenic vista or area of special historical significance, preserve submerged lands, fish ponds and lakes — that's the purpose of an Open zoned district. So the Zoning Code that currently allows a telecommunication tower as an outright permitted use to be established in an Open zoned district kind of strikes counter to the purpose of having an Open zoned district. This bill is an effort to fix that by triggering the need for a use permit to be considered by the Planning Commission for any proposed telecommunication tower within an Open zoned district. So it was predicated on a specific proposal that's currently before the County. And with that, we are hoping that you do support this proposed bill. I stand ready to receive any questions you may have. HOUSEL: Okay. Any questions from Commissioners? No? So to make sure, I -. Go ahead, Commissioner Bowman. 1 3 BOWMAN: No, no, I'm just-. HOUSEL: Okay. I just want to be clear about what this does. Currently, telecommunication towers are allowed in the Open use district, is that correct? ARAI: That is correct. HOUSEL: Okay. Without a permit? ARAI: Without a permit issued by the Planning Commission. I should also note that it is permitted when the Open designated lands are situated within the State Land Use Urban district. If it's in the State Land Use Agricultural district, it still requires a special permit. If it's in the Conservation district, it requires approval by the State. HOUSEL: Okay, so this would, if this change were approved, would require a use permit for a telecommunications tower in the Open zone -. ARAI: Open zoned district, yes. HOUSEL: Okay. Any questions? Could we get a motion, please? BOWMAN: I move that we approve the Planning Director's amendment to Chapter 25 relating to the use permits and telecommunication antenna and tower. NELSON: Second. HOUSEL: Motion made by Commissioner Bowman, seconded by Commissioner Nelson. Daryn? ARAI: Mr. Chairman, I just want to clarify that motion that it is to forward a favorable recommendation to the County Council since this is an amendment -. BOWMAN: Sorry, yes, favorable recommendation. Sorry. Thank you. HOUSEL: Thank you, Daryn. Would you like to do the roll? ARAI: Sure, thank you, Mr. Chairman. Commissioner Bowman? BOWMAN: Aye. ARAI: Commissioner Nelson? NELSON: Aye. ARAI: Commissioner Beaudet? BEAUDET: Aye. ARAI: Commissioner Hickcox? HICKCOX: Aye. 2 ARAI: And Mr. Chairman? HOUSEL: Aye. ARAI: Mr. Chairman, motion carries with five aye votes. HOUSEL: Thank you. By the way, for the record there was no one to testify on this issue. The discussion ended at 11:31 a.m. The following statement regarding this proposed amendment was made by Director Leithead Todd after the next agenda item: LEITHEAD TODD: Commissioners, this is a matter on the prior one. I just wanted to, I was double- checking it, and I wanted to correct. On No. 8, there is a reference to demigod Maui and his sisters; it should be "Hina Keahi and Hina Kulu`ua." He does have a sister named Hina Kekai; there is not a sister named Hinaikawai. And so I wanted to make sure that the reference to the three hills in Hilo are principally referenced to Hina Keahi and Hina Kulu`ua. And those are the relevant stories and in particular as it's related to Hala`i Hill. And just for informational purposes, I thought you would be interested that the three hills in Hilo in addition to the mythology related to Hala`i Hill, and the pit on top of the hill which is the critical portion of that mythology, one of the other hills is associated with Maui and his fight with the `alae bird to capture the secret of fire. So this is a very significant area in Hilo. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3