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Home My WebLink About2015-04-02 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES APRIL 2, 2015 The Windward Planning Commission met in regular session at 9:01 a.m. in the County of Hawai‘i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i, with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, Donald Ikeda, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Belinda Hall (Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante (Assistant Corporation Counsel for the Planning Director, from 9:10 a.m.), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Chairman Miyasato introduced Windward Planning Commissioners and staff to members of the public, and went over the procedures for public testimony. STATEMENTS FROM THE PUBLIC – No statements were presented under this section of the agenda. HARRY AND SANDRA FREITAS 1.APPLICANTS: (REZ 14-185) Application for a Change of Zone from an Agricultural–20 acres (A-20a) to an Agricultural– 5 acres (A-5a) zoning district for 50 acres of land. The property is located at 18-4233 North Pszyk Road, ‛Ōla‛a Reservation Lots, Puna, Hawai‘i, TMK: 1-8-005:133. The Commission took this item up at 9:02 a.m. with 12 people from the public in attendance. (SEE EXHIBIT A) Chairman Miyasato called a recess at 9:40 a.m., and the meeting was reconvened at 9:47 a.m. This item ended at 9:57 a.m. 2.APPLICANTS: JAMES STAPLETON AND JAMES RICCIUTI (SPP 15-176) Application for a Special Permit to allow the establishment of a 5-bedroom bed and breakfast operation within a portion of an existing 8-bedroom single-family dwelling situated on 2 acres of land within the State Land Use Agricultural District. The property is located at 13-3545 Maile Street, approximately 930 feet north of its intersection with Malama Street, Leilani Estates Subdivision, Keahialaka, Puna, Hawai‘i, TMK:1-3-014:041. The Commission took this item up at 9:57 a.m. with 10 people from the public in attendance. Page 1 of 4 Windward Planning Commission April 2, 2015 Minutes (SEE EXHIBIT B) Chairman Miyasato called a recess at 10:11 a.m., and the meeting was reconvened at 10:19 a.m. This item ended at 10:23 a.m. 3.APPLICANT: AT&T MOBILITY (USE 14-049) Application for a Use Permit to allow the construction of a new telecommunication facility, including a 154-foot tall steel monopole with 8-foot tall panel antennas and related facilities within a 5,625 square-foot portion of a 40.899-acre parcel situated within the State Land Use Urban District and the County’s Agricultural 3-acre (A-3a) zoning district. The project site is located on the north side of West Kawailani Street, directly across the intersection of Kikaha Street and West Kawailani Street, Waiākea Homesteads, South Hilo, Hawai‘i, TMK: 2-4-003: Portion of 022. The Commission took this item up at 10:23 a.m. with 7 people from the public in attendance. (SEE EXHIBIT C) This item ended at 10:42 a.m. MINUTES – The Commission took this item up at 10:42 a.m. Approval of Minutes of the March 5, 2015 meeting – It was moved by Commissioner Henkel, and seconded by Commissioner Ikeda, that the minutes of March 5, 2015, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS/ANNOUNCEMENTS - The Commission took up the following at 10:42 a.m. 1.Status of applications heard by Windward Planning Commission that are pending before County Council. Mr. Arai informed the Commission that the Change of Zone request for Melvin and Brenda Morris in the Waiākea Uka area [REZ 14-180, A-3a to FA-1a TMK 2-4-034:045] was approved by the County Council [Ordinance No. 15-34]. He also updated the Commission on the Lance Moe Change of Zone application [REZ 14-183, RS-10 to CN-10 TMK 2-2-036:042] and County Council Initiated Bill No. 281 regarding Planned Unit Development (PUD) applications. Since Bill No. 281 was recently approved [Ordinance No. 15-33] by the County Council, the Planning Commission’s Rules of Practice and Procedure will be updated in the near future. Mr. Kanuha clarified that the Moe application passed first reading before the County Council the day before, along with the Hind application which passed second reading [REZ 14-181, Leeward Planning Commission, TMK 6-5-011:030]. Page 2 of 4 Windward Planning Commission April 2, 2015 Minutes th Mr. Arai informed the Commission that their next meeting was on May 7, and asked them to confirm their attendance with him or Mrs. Hata-Finley. Mr. Arai briefly summarized a letter that was distributed to the Commission dated March 31, 2015 from the Mayor’s office [Exhibit D, attached hereto] regarding an update on the geothermal related projects that the Commission approved for claims from the Geothermal Asset Fund. Mr. Arai announced that the appointment of Donn Dela Cruz to the Commission was confirmed by the County Council. Mr. Dela Cruz will serve a five-year term on the Commission replacing former Commissioner Stephen Ono. Upon inquiry by Commissioner Henkel, Mr. Arai updated the Commission on the geothermal asset fund claim by Puna Pono Alliance, et al. Mr. Arai said that forms and instructions were provided to Puna Pono Alliance to have Dr. [Michael] Edelstein placed on the County’s professional services list. The Planning Department will continue to work with Puna Pono Alliance in refining the claim to ensure compliance with the requirements of Planning Commission Rule No. 12. Chairman Miyasato reminded the Commission that if the Commission does not take action by making or seconding a motion, then the application could be “opened up” to go to court. He also reminded the Commission that if they go against the Planning Director’s recommendation, then it would be appropriate to specify the reason for not supporting the Director’s recommendation. Commissioner Ikeda asked if his motion that went against the Director’s recommendation [Item No. 1] was incorrect and added that he had stated his reasons for not agreeing with the Director’s recommendation. Mr. Arai explained that action on a motion needed to be supported by findings of fact and conclusions of law. Using Item No. 1 as an example, it would have perhaps been more appropriate to make a motion to defer since the Commission wanted the Department to craft a favorable recommendation to be presented to the Commission. The Commission’s concerns could then be addressed, and the Commission could also state their findings which led to the specific motion. This approach would have better afforded the Department guidance on the direction that the Commission wanted to take. Mr. Kanuha affirmed that the main concern was to protect the Commission’s decision, and that was why the Department needed the Commission to provide justification for their decision. If the Commission was unable to do that, then the approach to defer as Mr. Arai had explained would present the Department an opportunity to work with the Commission. Inaction by the Commission was very problematic because there would be nothing going forward in the event that the Commission’s decision was appealed. Mr. Kanuha said that he was appreciative of Chairman Miyasato’s reminders pertaining to these issues. Commissioner Ikeda expressed that the Commission frequently received information late, and he personally liked to read things twice. He asked for clarification on how a motion to defer should be stated if he did not agree with the Director’s decision. Chairman Miyasato stated that the motion could request that further information be provided to the Commission, inclusive of a request for further information from the applicant. Mr. Kanuha said that the Commission, Page 3 of 4 Windward Planning Commission April 2, 2015 Minutes individually or collectively, sometimes might also change their mind based on the presentation by an applicant or public testimony given at the public hearing. He added that in the recommendation provided to the Commission, the Department offered the Commission the benefit of the staff’s years of experience. Whether or not the Commission agreed with the Director’s recommendation, the Department would support the direction that the Commission wanted to take when they make a decision based upon justifiable reasons. Mr. Darrow then addressed a concern that was raised in an application that morning [Item No. 3]. Mr. Darrow said that the Department often received negative opposition to cell tower proposals stemming from health concerns pertaining to emissions from the tower. He reminded the Commission of the Telecommunications Act of 1996 which limited State or local authorities from the regulation of the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radiofrequency emissions as long as such facilities complied with the Federal Communications Commission’s (FCC) regulations concerning such emissions. Mr. Darrow stated that it was standard protocol for the Department to ask applicants if they had complied with such regulations. He added that the recent Cellco contested case [USE 14-046] hearing addressed the concern of these emissions in detail, including the comparison of the emissions from a cell tower versus a cell phone. ADJOURNMENT – There being no further business, it was moved by Commissioner Ikeda and seconded by Commissioner Moses that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Miyasato adjourned the meeting at 11:00 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary A T T E S T: Myles Miyasato, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission April 2, 2015 Minutes