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HomeMy WebLinkAbout2011-11-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES NOVEMBER 17, 2011 The Leeward Planning Commission met in regular session at 9:40 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai‘i, with Chair Geraldine Giffin presiding. COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman, Thomas Hickcox, Wayne Iokepa and Thomas Whittemore ABSENT AND EXCUSED: Richard Nelson ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner) and Noriko Sauer (Commission Secretary) A quorum was present. The Chair called the meeting to order, introduced the Commissioners and staff to members of the public, and described the procedure for public testimony. NEW BUSINESS APPLICANT: JAMES SARGENT (USE 11-029) 1. Application for a Use Permit to allow the establishment of a 5-bedroom bed and breakfast operation within an existing 6-bedroom single family dwelling on 2.27 acres of land within the Single Family Residential-15,000 square foot (RS-15) zoned district. The property is located at 55-3456 Akoni-Pule Highway (Highway 270), which is on the south side of Akoni-Pule Highway approximately 700 feet east of the Akoni-Pule Highway (Highway 270) and Hāwi Road intersection, Hāwi, North Kohala, Hawai‘i, TMK: 5-5-15:41. The Commission took this item up at 9:42 a.m. with five people from the public in attendance. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. He pointed out that although the application indicated six bedrooms, a further review had revealed that the house had actually been built as a five-bedroom house, and in order to have six bedrooms, the applicant would have to upgrade the current sewer system, and therefore the applicant had since decided to revert one of the bedrooms to a storeroom. He made a correction in the Department’s Background Report and Recommendation, Page 2 and Page 4, respectively, that reference was made to “Unit 2,” which should be “Unit 5.” He noted that the Planning Director recommended approval of the application with conditions, and called attention to Condition No. 4, which would prohibit special events such as weddings, concerts and conventions. Commissioner Bowman inquired whether any consideration for noise had been given. Mr. Darrow stated that the applicant, like anybody else, was subject to the standard noise regulations set by the Department of Health. In response to Chair Giffin’s question regarding the applicant’s Internet 1 advertisement, which was included in the application, Mr. Darrow said that his understanding was that the applicant had removed it pending approval of this application. The applicant’s representative, Judy Rogers, commended the staff for making the process pleasant for the applicant. Commissioner Bowman inquired about the in-house chef mentioned in the Internet advertisement. Ms. Rogers responded that she thought that the applicant had amended the advertisement to meet all requirements, and that they were aware of the Department of Health requirements for commercial kitchens. There was no one from the public wishing to testify in regard to this application. It was moved by Commissioner Bowman and seconded by Commissioner Beaudet that the application be approved for the reasons and with the conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with six ayes (Bowman, Beaudet, Hickcox, Iokepa, Whittemore and Giffin) and one absent and excused (Nelson). APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (USE 11-30) 2. Application for a Use Permit to construct a 114-foot tall, self-supported steel telecommunication monopole with twelve 8-foot tall panel antennas and related facilities on an approximately 900 square-foot portion of a 3.952-acre parcel situated in the State Land Use Agricultural District and the County’s Agricultural 5-acre (A-5a) zoned district. The property is located at 87-3070 Mamalahoa Highway, which is on the east side of Mamalahoa Highway, approximately 1,900 st feet north of the intersection of Mamalahoa Highway and Kukuiopa‘e Place, Kukuiopa‘e 1, South Kona, Hawai‘i, TMK: 8-7-010: portion of 013. The Commission took this item up at 9:58 a.m. with four people from the public in attendance. Mr. Darrow stated that the applicant had submitted a request for a deferral based on a comment letter from the State Department of Land and Natural Resources (DLNR), Historic Preservation Division, requiring an archaeological inventory survey of the subject property because of known sites in the area. The Commission by a unanimous voice vote granted the request. In response to Chair Giffin’s question, Mr. Darrow said that the deferral would continue until the archaeological inventory survey was done to the satisfaction of the DLNR. There was no objection. Director Leithead Todd commented that the requested use was now permitted in Agricultural District under the State Law, and that the County had amended the County Code to require a Use Permit so that there would be an opportunity to comment. Mr. Arai added that even though this Use Permit could have been processed without review by the DLNR, the archaeological inventory survey would still likely be required since one of the requirements for a grading permit is clearance from the DLNR. There was no one from the public wishing to testify in regard to this application. APPLICANT: CELLCO PARTNERSHIP DBA VERIZON WIRELESS (USE 11-31) 3. Application for a Use Permit to construct a 150-foot tall, self-supported steel telecommunication monopole with twelve 8-foot tall panel antennas and related facilities on an approximately 1,000 square-foot portion of a 2,396-acre parcel situated in the State Land Use Agricultural District and the County’s Agricultural 5-acre (A-5a) zoned district. The property is located 2 approximately 3,500 feet east (mauka) of Hawai‘i Belt Road in the vicinity of mile marker 90, ‘Alikā ahupua‘a, South Kona, Hawai‘i, TMK: 8-8-001: portion of 003. The Commission took this item up at 10:01 a.m. with three people from the public in attendance. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, and summarized the request. She pointed out that the applicant had brought to her attention that the Site Sketch within the application erroneously indicated the proposed tower on the makai side of the existing tower, and that it would actually be located mauka of the existing tower. She noted that the Planning Director recommended approval of the application with conditions. In response to Commissioner Whittemore’s question as to whether or not there was any input from the surrounding property owners, Ms. Cottle said that she had received one phone call from the owner of the nearest residence, which is approximately 1,000 feet from the subject site, who wanted to make sure that his line of sight would not be affected. The applicant’s consultant, Les Young, stated that because of its terrain, siting towers for continuous coverage on the Big Island had always been a challenge to cell phone companies, and that the purpose of the proposed tower was to improve the wireless communication coverage, which would benefit the community, as well as tourists. In response to Chair Giffin’s questions, he further said that the current network had a tendency to give intermittent signal especially when there were many users at the same time, and that they had not received any inquiries about collocation from other wireless carriers. Commissioner Hickcox’s asked whether or not the tower would be accessible by government agencies for an emergency or any other reasons, he said that the tower would be built for potential additional usage, but that he was not involved in and therefore could not comment on the area of financial arrangements. There was no one from the public wishing to testify in regard to this application. It was moved by Commissioner Beaudet and seconded by Commissioner Whittemore that the application be approved for the reasons and with the conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with six ayes (Beaudet, Whittemore, Bowman, Hickcox, Iokepa and Giffin) and one absent and excused (Nelson). APPLICANT: HOLUALOA LIKANA, LLC (AMEND SMA-06-000015) 4. Request for an amendment to allow for a 5-year time extension to Condition No. 3 (complete construction) of Special Management Area Use Permit No. 06-000015, which allowed the development of a commercial parking lot with 128 stalls and landscaping improvements on approximately 1.23 acres situated within the County’s Special Management Area (SMA). The property is located on the makai side of Kuakini Highway at the junction of Kuakini Highway and Henry Street, Kailua-Kona, North Kona, Hawaii, TMK: 7-5-006: 001. The Commission took this item up at 10:17 a.m. with one person from the public in attendance. Mr. Darrow oriented the Commission and public of the subject and surrounding properties on the location map and site photographs, and summarized the request. He noted that the Planning Director recommended approval of the amendment with revised conditions. In response to Chair Giffin’s inquiry, he clarified that the applicant had received a two-year administrative extension when the original permit expired and was now asking for an additional five-year extension due to the current unfavorable economic condition. 3 The applicant’s representative, Gregory Mooers, stated that the applicant had not been able to get the financing in place but nevertheless was still committed to the project, and further stated that even though it would not be the highest and best use for the property’s Village Commercial zoning, it was commendable that the applicant was committed because they recognized the need for parking in the Kailua Village. There was no one from the public wishing to testify in regard to this application. It was moved by Commissioner Bowman and seconded by Commissioner Beaudet that the request be approved for the reasons and with the revised conditions as recommended by the Planning Director. A roll call vote was taken and motion carried with six ayes (Bowman, Beaudet, Hickcox, Iokepa, Whittemore and Giffin) and one absent and excused (Nelson). RECESSED The Chair called a recess at 10:30 a.m. RECONVENED The meeting reconvened at 10:40 a.m. INITIATOR - COUNTY COUNCIL 5. County Council Bill No. 90, proposing the amendment of Chapter 25, Article 1 and Article 5 of the Hawai‘i County Code 1983 (2005 Edition, as Amended), relating to zoning district regulations for crematoriums, funeral homes, funeral services, and mortuaries. The Commission took this item up at 10:40 a.m. with one person from the public in attendance. (SEE EXHIBIT A) INITIATOR - PLANNING DIRECTOR 6. Amendments to Planning Commission Rule No. 9 regarding the Special Management Area (SMA) to conform with Act 153, which amended Chapter 205A, Hawai‘i Revised Statutes regarding Special Management Area. The proposed amendments to Rule No. 9 seek to exempt the State Division of Boating and Ocean from any SMA permit, amend the definition of single family dwelling as an exempt class of action, and increase the valuation of improvements that could be considered exempt from the SMA requirements. The Commission took this item up at 10:53 a.m. with one person from the public in attendance. (SEE EXHIBIT B) MINUTES – The Commission took up approval of the following minutes at this time, 11:07 a.m.: September 15, 2011 – It was moved by Commissioner Hickcox and seconded by Commissioner Iokepa that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – Leeward Planning Commission schedule for reminder of the year and next year’s proposed schedule. 4 Mr. Arai said that the next meeting is scheduled for December 15, 2011, with one application item, CZM training, and election of 2012 officers on the agenda. He also informed the Commission that all meetings for next year were scheduled on Thursdays, and that although not all the dates th requested for the venue were yet confirmed, the January meeting would be held on the 19 in the West Hawai‘i Civic Center, Community Center, Building G. ANNOUNCEMENTS – None. ADJOURNMENT – There being no further business, the Chair declared the meeting adjourned at 11:11 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission A T T E S T: Geraldine Giffin, Chair Leeward Planning Commission 5