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HomeMy WebLinkAbout2013-10-17 Leeward Planning Commission Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES OCTOBER 17, 2013 The Leeward Planning Commission met in regular session at 9:33 a.m. in the West Hawai‘i Civic Center, Community Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Pro Tem Thomas Hickcox presiding. COMMISSIONERS PRESENT: Thomas Hickcox, Richard Nelson, III, Barbara Nobriga and Thomas Whittemore ABSENT AND EXCUSED: Brandi Beaudet and Geraldine Giffin ALSO PRESENT: Bobby Command (Deputy Planning Director), Margaret Masunaga (Deputy Corporation Counsel), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner) and Noriko Sauer (Commission Secretary) And three people from the public in attendance. A quorum was present. Mr. Arai announced that the Commission first had to elect a presiding officer since both Chair Giffin and Vice Chair Beaudet were absent. Commissioner Whittemore nominated Commissioner Hickcox as chair pro tem for this meeting. The nomination was seconded by Commissioner Nelson and unanimously approved by a voice vote of all Commissioners in attendance. The Chair Pro Tem called the meeting to order. He introduced the Commissioners and staff to members of the public, and described the procedure for public testimony. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. NEW BUSINESS APPLICANT: REBECCA J. JACOBS (SPP 13-154) Application for a Special Permit to allow the establishment of an acupuncture clinic within the garage of an existing single family dwelling that is located on 3 acres of land situated within the State Land Use Agricultural District. The property is located at 59-337 Ho‘okela Place, approximately 1,250 feet north of the intersection of Ho‘okela Place and Ala Kahuā Drive at st Kahuā 1, Kahuā and Waikā, North Kohala, Hawai‘i, TMK: 5-9-006:034. The Commission took up this item at 9:35 a.m. with two people from the public in attendance. Mr. Arai oriented the Commission and public of the subject and surrounding properties on the location map, aerial photo and site plan, and summarized the request. He said that the Planning Director recommended approval of this application, subject to conditions. He also noted that a number of surrounding property owners had submitted comments expressing their concerns and 1 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 proposed facility was necessary in order to offload wireless traffic and enhance coverage and capacity. Commissioner Whittemore commented on the applicant’s choice of the site within the parcel, which was at a higher elevation and thus seemed to have a greater visual impact, and asked if there was any technical reason why the tower could not be constructed in a lower spot. Mr. Fox responded that the applicant had originally considered a lower section along Kuakini Highway, which was much closer to utilities, and therefore less costly, but that the applicant had opted for the northern corner because the facility would actually be less visible from the highway. He also said that the higher elevation of the selected site would allow the applicant to keep the tower height lower than initially planned. He added that due to the elevation increase from the proposed site to Queen Ka‘ahumanu Highway, the tower would protrude 22 feet above the highway at the most. It was moved by Commissioner Whittemore and seconded by Commissioner Nelson that the Commission approve the application, 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: MAMALAHOA DEVELOPMENT CORPORATION (SPP 603) Revocation of Special Permit No. 603, originally approved by the Planning Commission on August 28, 1992 and issued to the Christian Science Society of Kailua-Kona, Inc. to allow for the establishment of a church and Sunday school on 1.9 acres of land situated within the State Land Use Agricultural 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, Hōlualoa, North Kona, Hawai‘i, TMK: 7-6-024:032. The Commission took up this item at 10:05 a.m. with one person from the public in attendance. Mr. Darrow stated that the applicant had submitted a letter requesting that Special Permit No. 603 be revoked as they had no intention of pursuing development under this existing permit at this time. He noted an error in the Department’s background and recommendation report, which indicated the date of the permit approval as August 28, 1992; he requested that the year be changed to 1985. He said that the Planning Director recommended revocation of this permit. No public statements were presented in regard to this agenda item. It was moved by Commissioner Whittemore and seconded by Commissioner Nelson that the Commission approve the request to revoke Special Permit No. 603. 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). MINUTES – The Commission took up the following minutes at 10:09 a.m.: September 26, 2013 – It was moved by Commissioner Whittemore and seconded by Commissioner Nelson that the minutes be approved as submitted. Motion was unanimously carried by a voice vote of all Commissioners in attendance. 3 ADMINISTRATIVE MATTERS Status of applications heard by Leeward Planning Commission that are pending before County Council – Mr. Arai had nothing to report regarding this matter. ANNOUNCEMENTS – Mr. Arai announced that the next meeting was scheduled for November 21, 2013, with tentatively one item on the agenda. ADJOURNMENT – There being no further business, at 10:11 a.m., it was moved by Commissioner Whittemore and seconded by Commissioner Nelson that the meeting be adjourned. The motion was unanimously carried by a voice vote of all Commissioners in attendance. Respectfully submitted, Noriko Sauer, Secretary A T T E S T: Thomas Hickcox, Chair Pro Tem Leeward Planning Commission 4