2013-10-17 Leeward Planning Commission Minutes

Home

support, and that the applicant had also submitted a written statement, all of which had been distributed to the Commissioners earlier for their consideration. The applicant, Rebecca Jacobs, stated that she was agreeable to the conditions of approval as proposed by the Planning Director. She addressed surrounding property owners’ concern regarding her garage being converted to another use, which is prohibited by their association’s Conditions, Covenants and Restrictions (CC&R); she said that the proposed use would utilize only a small area within her garage, and that the rest of it would remain and still function as a garage. Mr. Arai also commented on the alleged violation of the CC&R, and said that private agreements, such as the CC&R in this case, were not something the County would regulate or enforce. He clarified that the Director’s favorable recommendation would stand because it was based on the likely impact of the proposed use on the surrounding properties, and not based on compliance with the CC&R. There was no one from the public wishing to testify in regard to this agenda item. It was moved by Commissioner Whittemore and seconded by Commissioner Nelson that the Commission approve the application along with conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with four ayes (Whittemore, Nelson, Nobriga and Hickcox) and two absent and excused (Beaudet and Giffin). APPLICANT: NEW CINGULAR WIRELESS PCS, LLC dba AT&T (USE 13-039) Application for a Use Permit to construct an 88-foot tall steel telecommunication monopine tower and related facilities on a 900 square-foot portion of a 1.962-acre parcel situated in the State Land Use Agricultural District and the County’s Agricultural-1-acre (A-1a) zoning district. The property is located on the north (mauka) side of Kuakini Highway, approximately 300 feet southeast of the intersection of Kuakini Highway and Keākealani Drive in Hōlualoa, North Kona, Hawai‘i, TMK: 7-6-024:Portion of 032. The Commission took up this item at 9:48 a.m. with no one from the public in attendance. Mr. Darrow oriented the Commission of the subject and surrounding properties on the location map, site plan and photographs, and described the request. He said that the applicant had originally proposed an 84-foot tall steel telecommunication monopole, but had since changed the design in response to comments from the state Department of Land and Natural Resources, Historic Preservation Division. He noted that the Planning Director recommended approval with conditions. In response to the Deputy Planning Director’s question regarding the sequence of the two agenda items concerning the same property, Mr. Darrow said that the request for revocation of the existing permit was placed following this application so as to afford the property owner the option of withdrawing the request in the event this new permit was not granted. The applicant’s representative, Keoni Fox, spoke of a significant increase in demand for improved wireless service by residents and travelers in the area, as well as emergency responders’ need to maintain critical communication. He mentioned that the applicant’s two existing facilities servicing the entire Kailua-Kona and Keauhou communities were already overburdened, which was why this 2