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HomeMy WebLinkAbout2010-11-10 TPD_USE PERMIT _TELECOM WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT NOVEMBER 10, 2010 PLANNING DIRECTOR’S AMENDMENT TO A regularly advertised hearing on the CHAPTER 25 RELATING TO USE PERMITS AND TELECOMMUNICATION TOWERS was called to order at 11:58 a.m. in the County of Hawai‘i Councilroom , County Building, 25 Aupuni Street, Hilo, Hawai‘i, 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 Hawai‘i 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 EXHIBIT C 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 Hawai‘i County Code, 1983 (2005 Edition, as amended). KERN: Second. WOODWARD: Okay, it has been moved and seconded. Any discussion? No, yes? Commissioner Kern. 2 EXHIBIT C 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 EXHIBIT C