HomeMy WebLinkAboutREP PC 067 02/02/2010 2008-2010DATE: February 2, 2010 Re: Comm. 655Bi11 186
PLACE: Councilroom
Hawaii County Building
25 Aupuni Street
Hilo, Hawai
TIME:
4:17 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
REPORT OF THE
COMMITTEE ON PLANNING
Your Committee on Planning, to which was referred Communication No. 655, reports as
follows:
Communication No. 655, transmitted by Planning Director Bobby Jean Leithead Todd, dated
December 4, 2009, presents an amendment to Chapter 25, Hawaii County Code 1983 (2005
edition, as amended) relating to telecommunication antennae and towers situated within the RA
(Residential and Agricultural), FA (Family Agricultural), A (Agricultural) and IA (Intensive
Agricultural) zoned districts..
This matter was postponed from the January 5, 2010 meeting of the Planning Committee.
The purpose of the bill is to amend the Zoning Code to require wireless telecommunication
antennae and towers to obtain a Use Permit from the Planning Commission before such use is
established.
During the ensuing discussion, Committee Member Brenda Ford announced to your Committee
that she will be submitting a 40 -page amendment to the Zoning Code regarding
telecommunication antennae and towers and will ask to have a powerpoint presentation
agendized for a future Planning Committee meeting.
Ms. Ford also announced that she would like each of the other Committee members to contribute
$500 (five hundred dollars) from their respective DAE accounts to pay for an expert to come
from the mainland to educate your Committee members and the public about telecommunication
antennae and towers. No commitments were given regarding her request.
Ms. Ford also announced that she will be submitting an entirely new chapter to the Code
regarding telecommunication antennae and towers. Ms. Ford moved for postponement of this
matter to allow her more time to work on her amendments and new chapter to the Code.
Planning Director Leithead Todd explained to your Committee members that the amendments
are to bring the County code into compliance with State and Federal regulations regarding this
issue. She further reminded your Committee that without the restrictions provided by the
amendment, the Planning Director is vested with the power to determine if a Use Permit should
be issued. Director Leithead Todd informed your Committee that she is requesting the
amendments be made to the Code in order to insure that there is a process for the public to
provide input via notice and public hearings.
Director Leithead Todd further stated that without the amendments, under State law, there are no
requirements for notice or public hearings, and under Federal law, after a certain amount of time
has passed without action, the Use Permit application for telecommunication antennae and
towers is automatically deemed approved.
Your Committee members voted 6 -3 against the postponement; Council Members Ford,
Greenwell and Hoffmann voting in favor of the postponement, and Council Members Enriques,
Ikeda, Naeole- Beason, Onishi, Yagong and Council Chair Yoshimoto voting against the
postponement.
There was no other discussion prior to the vote on the main motion.
Your Committee on Planning is in accord with the purpose and intent of Bill 186 and
recommends it pass first reading.
awm
Respectfully submitted,
COMMITTEE ON PLANNING
DONALD IKEDA, CHAIR
PC REPORT NO. 67
ADOPTED: FEB 1 8 2010
AYES
NOES
A &E
EX
ENRIQUES
X
FORD
X
GREENWELL
X
HOFFMANN
X
IKEDA
X
NAEOLE
X
ONISHI
X
YAGONG
X
YOSHIMOTO
X
amendment, the Planning Director is vested with the power to determine if a Use Permit should
be issued. Director Leithead Todd informed your Committee that she is requesting the
amendments be made to the Code in order to insure that there is a process for the public to
provide input via notice and public hearings.
Director Leithead Todd further stated that without the amendments, under State law, there are no
requirements for notice or public hearings, and under Federal law, after a certain amount of time
has passed without action, the Use Permit application for telecommunication antennae and
towers is automatically deemed approved.
Your Committee members voted 6 -3 against the postponement; Council Members Ford,
Greenwell and Hoffmann voting in favor of the postponement, and Council Members Enriques,
Ikeda, Naeole- Beason, Onishi, Yagong and Council Chair Yoshimoto voting against the
postponement.
There was no other discussion prior to the vote on the main motion.
Your Committee on Planning is in accord with the purpose and intent of Bill 186 and
recommends it pass first reading.
awm
Respectfully submitted,
COMMITTEE ON PLANNING
DONALD IKEDA, CHAIR
PC REPORT NO. 67
ADOPTED: FEB 1 8 2010