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HomeMy WebLinkAbout2006-11-01 Planning Commission Minutes PLANNING COMMISSION COUNTY OF HAWAII MINUTES NOVEMBER 1, 2006 The Planning Commission met in regular session at 9:05 a.m. in the County of Hawaii, st Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with 1 Vice- Chairman Bill Graham presiding. PRESENT:Bill GrahamABSENT & EXCUSED: C. Kimo Alameda Fred Galdones Jeffrey McCall Andrew Iwashita Alvin Rho Allen Salavea Rene€ Siracusa (Left at 12:15 p.m.) Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner JeffDarrow,StaffPlanner TheChairintroducedtheCommissionersandstafftomembersofthepublic. SPP06-000038TheCommissiontookthisitemupat9:07a.m.with DONALD GRAFTapproximately 7 people from the public in attendance. & KAY LEE VOLCANO CYMBIDIUM ACRES, OLAA APPLICANT: DONALD GRAFT & KAY LEE (SPP 06-000038) Special Permit to allow the establishment of a 4-bedroom bed and breakfast operation within an existing single-family dwelling on 1.138 acres of land within the State Land UseAgriculturalDistrict.ThepropertyislocatedalongthesouthwestsideofRoadE, approximately 200 feet from the Road E  Laukapu Road intersection, Volcano CymbidiumAcresSubdivision,Olaa,Hawaii,TMK:1-9-19:23. Mr.DarroworientedtheCommissionandpublicofthesubjectandsurrounding properties on the location map and site plan, summarized the request, and noted the PlanningDirectorisrecommendingapprovaloftheapplicationwithconditions. Theapplicant€srepresentative,LoriMikkelson,saidthePlanningDepartment€s background report and recommendation were totally acceptable and understood by the 1 applicants who are very excited about the project, noting she felt the project would be a good thing both for the community and applicants. In response to Commissioner Siracuasa€s inquiry, Ms. Mikkelson said she was not aware of a community association in the Volcano Cymbidium Acres Subdivision, noting the area is sparsely populated. There was no one from the public wishing to testify on the application. It was moved by Commissioner Watanabe and seconded by Commissioner Galdones that the application be approved as recommended by the Planning Director. A roll call vote was taken and motion carried with seven ayes (Watanabe, Galdones, Iwashita, Rho, Salavea, Siracusa and Graham) and two absent and excused (Alameda and McCall). REZ06-000045TheCommissiontookthisitemupat9:17a.m.with GLENN T. NAKAMURAapproximately 8 people from the public in attendance. WAIAKEA, SOUTH HILO APPLICANT: GLENN T. NAKAMURA (REZ 06-000045) a.State Land Use Boundary Amendment from Agricultural to Urban for 2.649 acres of land. b.Change of Zone from Agricultural 3-acre (A-3a) to Residential and Agricultural .5-acre (RA-.5a) for 2.649 acres of land. The property is located on the west side of Awa Street, approximately 400 feet nd north of the Mamaki Street-Awa Street intersection, Panaewa House Lots 2 Series, Waiakea, South Hilo, Hawaii, TMK: 2-2-56:23. (SEE EXHIBIT A) REZ 06-000047The Commission took this item up at 10:10 a.m. with MALULANI, INC.approximately 12 people from the public in attendance. PONAHAWAI, SOUTH HILO APPLICANT: MALULANI, INC. (REZ 06-000047) Change of Zone from Agricultural 1-acre (A-1a) to Multiple-Family Residential 1,500 square feet (RM-1.5) for 1.278 acres of land. The property is located on the south side of Ponahawai Street approximately 600 feet east of the Komohana Street  Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: 2-3-37:15. The applicant€s representative, Brian Nishimura, requested the hearing be continued to allowforadditionaltimetoreviewtheDepartment€srecommendationbecauseofan illness of a family member that affects the Board of Directors. 2 Carol Davis, surrounding property owner, expressed her concern of runoff from the proposed project affecting her property, noting a swampy area in the vicinity. The Chair stated this matter is continued until the applicant informs the Planning Department when it is ready to proceed further. RECESSEDThe Chair called a short recess at 10:23 a.m. RECONVENEDThe meeting reconvened at 10:33 a.m. SPP 06-000036The Commission took this item up at 10:33 a.m. with VERIZON WIRELESS &approximately 12 people from the public in attendance CINGULAR WIRELESS KEAAU, PUNA APPLICANT: VERIZON WIRELESS&CINGULAR WIRELESS (SPP 06-000036) Special Permit to allow the construction of a 120-foot monopole telecommunications tower, two equipment shelters and chain link fence enclosure on approximately 1,983 square feet of land within the State Land Use Agricultural District. The area involved is on the site of the Church on a Sure Foundation situated along the west side of the Keaau- Pahoa Road (Highway 130), Orchidland Estates Subdivision, Keaau, Puna, Hawaii, TMK: 1-6-10: portion of 114. Mr. Darrow oriented the Commissioners and public of the subject and surrounding properties on the location map, gave some background information, and summarized the request, noting the Commission denied a special permit request by the applicant on anotherparcelaftergoingthroughacontestedcasehearing.Henotedthat correspondence received into the record were from Dave Smith, Hawaiian Paradise Park Subdivision, Orchidland Subdivision, as well as from community members. He then stated that the Planning Director is recommending approval of the subject application with conditions. For Commissioner Siracusa€s information, Mr. Darrow said the applicant is in the process at this time to consolidate the parcels, and that there does not appear to be any problems with the consolidation. Les Young representing Verizon Wireless said as the Planning Commission denied their previous request, both Verizon and Cingular explored other alternatives that would work based on their coverage needs. He then addressed the following concerns brought up by the Commissioners: 1.Tower falling onto a neighboring property: They have placed the tower approximately 130 feet from the parcel closest to the east side of the property owned by Mr. Lodge. 3 2.Aesthetics: They have located the tower in an area surrounded by mixed uses (agricultural and residential) rather than an area that is primarily in residential use. They have located the tower closer to the Keaau-Pahoa Highway where there are a considerable number of fairly tall powerlines such that the presence of their tower would not stand out as visibly as it would be at the first site they proposed. 3.Working with the community associations in the area: They have met with both the Orchidland Community Association and the Hawaiian Paradise Park Owners Association prior to the submittal of the proposal to gain their support, noting the Orchidland Community Association did send a letter of support and the Hawaiian Paradise Park Community Association although not necessarily supporting the project, simply acknowledged the application and thank the applicants for presenting their proposal to them. 4.Looking at alternative sites: They did look at a total of five sites (Vern Woods€satOrchidlandTradeCenter,MauriceThomas€sonthemaukasideof Wiki Wiki Mart, Wiki Wiki Mart itself, JJ Storage€s, as well as another th property further in the Orchidland Subdivision at the corner of 39 and Orchidland) and for a number of reasons, some of which amounted to not being able toreach an agreement with the landlord, lack of sufficient space, and the site not being able to provide sufficient coverage, they did not aggressively pursue those sites. He added that it was through the Orchidland Community Association€s efforts that the Church on a Sure Foundation site was selected. Tommy Goya representing Cingular said they were looking at the Orchidland location as it would substantially improve cellular communication between the Pahoa and Keaau areas. He said after awaiting the contested case decision on the previous application, both Mr. Young and he approached the Church on a Sure Foundation; and as the landownersaidtheywereacquiringanadjoiningparcelduringtheirnegotiationsthey chose the subject site since it is 10 to 15 feet higher than the one they previously considered, noting because of the additional elevation of the lot there could possibly be a third provider. Mr. Young and Mr. Goya stated they have received and reviewed the Department€s recommendation and the conditions were acceptable. Commissioner Siracusa thanked the applicants for taking the time to address the concerns expressed by the public and Commission. She then suggested the applicants consider painting their chain-link fence in matt black or dark green to minimize the visual intrusion. In response to Commissioner Galdones€s inquiry, Mr. Young once all the proposed or future sites are in place there will still be several coverage gaps since the sites contained on their development plan are those that are budgeted only for the next year. He said 4 once these sites are on air, if they receive the necessary approvals, they will then be better able to determine other coverage gaps that may exists around the island. He said prior to the site coming up and during the application process, propagation maps for the particular antenna and the area that the particular antenna covers will be presented; and as far as what it would look like if all of those future sites were developed now, he did not have that information available. For Commissioner Galdones€s information, Mr. Young said Exhibit G for Verizon shows an area that has been identified as a key part of the Big Island that they would like to install a new facility and not intended to show what the coverage would be should a site be placed there. Mr. Goya said currently Cingular is attempting to equip all of its existing sites with back- up generators. He said they are hoping to speed through some of the planning issues by co-locatingonexistingsites;howeverinlookingatsomeoftheexistingsitesandthe vegetation that has grown over the past 5 to10 years, it behooves them as representatives of cellular providers to try and ask for increased height. He agreed with Mr. Young that the primary consideration would be to provide necessary communication around the island for existing customers. Kerry Burrell, public health nurse working for Hospice, spoke in support of the application for the safety and health of her clients, noting many times she is out in remote areas and situations come up where she is unable to make any contact with physicians or a pharmacy and end up driving back into Pahoa or into a coverage area to make calls, noting it was a healthy and safety issue for her clients. Dave Smith noted he submitted written testimony into the record. Commissioner Galdones questioned if there were any regulations set up for planning of cell towers so that the Commission can plan towers throughout the island to obtain the best coverage, noting the Commissioners and public would appreciate such a plan. Mr. Yuen said in 2001 the Planning Department, along with various tower providers, did attempt to do an overall master planning to see if there could be some coordination of plans to have certain areas done in advance rather than have individual applications; hoever, it turned out to be a really difficult project, noting even if the Department attempted to do it in-house if money were budgeted it still would be very difficult. Mr. Goya said Cingular would be interested in discussing this matter further but noted it would take a lot more from their end to see if they can get together with the other providers to move some of their short-term planning forward and maybe enhance future planning by maybe providing more cell sites. Commissioner Galdones commended Verizon and Cingular in doing this as a joint venture to provide the best coverage throughout the island and said he would be supporting the application. 5 Mr. Young at this time noted that because of the landowner€s request, the access to the site may be changed from along the property line between the Church€s property and Mr. Lodges€s site to the original driveway for Parcel 14, noting if it is revised it will be reflected in the building plans. Mr. Darrow said stated this change would not affect the specific conditions in the recommendation. For Commissioner Siracusa€s information, Mr. Young said they were awaiting the Commission€s decision on the matter before discussing this change on the access with Mr. Lodge. He said if there should be a problem in the relocation, which he did not believe would be the case, they would go back to discuss it with the church, noting in either case the access will either be at the driveway that goes through the middle of the property or along the property line. He added that because of Mr. Lodge€s concern, they will jointly share the cost of providing a fence between their properties, noting the existing trees on the property will remain. It was moved by Commissioner Galdones and seconded by Commissioner Siracusa that theapplicationbeapprovedasrecommendedbythePlanningDirector.Commissioner Iwashita commended the applicants on working with the communities involved to get to this point. A roll call vote was taken and motion carried with seven ayes (Galdones, Siracusa, Iwashita, Rho, Salavea, Watanabe and Graham) and two absent and excused (Alameda and McCall). GENERAL PLANThe Commission took this item up at 11:05 a.m. AMENDMENTwith five people from the public in attendance. COUNTY COUNCIL PROCEDURES COUNTY COUNCIL INITIATOR: COUNTY COUNCIL Review and comment on a draft ordinance regarding the General Plan amendment procedure. (SEE EXHIBIT B) SPP 06-000032The Commission took this item up at 1:42 p.m. with PAT FAY &4 people from the public in attendance. MARY ROBLEE KEAAU, PUNA APPLICANT:PATFAY&MARYROBLEE(SPP06-000032) Special Permit to allow the establishment of a 2-bedroom bed and breakfast within an existingsinglefamilydwellinglocatedon0.5acreoflandsituatedwithintheStateLand Use Agricultural District. The property is located along the west (mauka) side of 6 Paradise Ala Kai Street, approximately 1 mile from its intersection with Paradise Drive, Hawaiian Paradise Park Subdivision, Keaau, Puna, Hawaii. TMK: 1-5-59:28. (SEE EXHIBIT C) MINUTESThe Commission took this item up at 2:28 p.m. September 7, 2006  It was moved by Commissioner Salavea and seconded by Iwashita that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE The Commission took this item up at 2:29 p.m. with MATTERStwo people from the public in attendance. Status of appeals filed on Planning Commission decisions - Corporation Counsel  Mr. Torigoe reported that D-Bar Ranch, LLC has appealed the Planning Commission€s denial to the Third Circuit Court on their Special Management Area Use Permit Application (SMA 06-000009). ANNOUNCEMENTSThe following announcements were made at this time. Commission Meetings  Mr. Hayashi announced that the next meetings were scheduled for Dec. 1, 2006 in Hilo and Dec. 6 & 7, 2006 at the Hapuna Prince in South Kohala. He th added that the November 17 meeting has been cancelled. ADJOURNMENTThere being no further business, the Chair declared the meeting adjourned at 2:32 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 7