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Home My WebLink About2018-01-04 Windward Planning Commission MinutesWINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JANUARY 4, 2018 The Windward Planning Commission met in regular session at 9:00 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Thomas Raffipiy (from 9:01 a.m.). ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), and Sarah Hata-Finley (Commission Secretary). A quorum was present. Chairman Clarkson 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. 1. APPLICANT: NA WAI OLA PUBLIC CHARTER SCHOOL (USE 17-000070/ SPP 17-000193) Applications for a Use Permit and Special Permit to allow the expansion of an existing public charter school on 3.6 acres of land in the Single -Family Residential - 20,000 square feet (RS -20) zoning district and one acre of land in the State Land Use Agricultural District. The subject properties include the site of the Mountain View Gym and St. Theresa Catholic Church and is located along the south (makai) side of Volcano Highway, approximately 150 feet east of its intersection with Nichols Road in Mountain View, Puna District, Hawaii, Tax Map Keys: 1-8-002:006, 1-8-002:049, 1-8-004:104. The Commission took this item up at 9:02 a.m. with 11 people from the public in attendance. (SEE EXHIBIT A) This item ended at 9:31 a.m. 2. APPLICANT: INSITE TOWERS DEVELOPMENT LLC (USE 17-000072) Application for a Use Permit to allow the replacement of an existing 201 -foot tall telecommunications tower with a new 197 -foot tall telecommunications tower and to continue the use of a non -conforming setback requirement within a 1.047 -acre parcel of land situated in the County's Agricultural (A -20a) zoning district. The property is located Page 1 of 4 Windward Planning Commission January 4, 2018 Minutes approximately 0.86 miles south (mauka) of the 30 mile marker on State Highway 19, adjacent to the Big Island Dairy, Humu`ula, North Hilo, Hawaii, TMK: 3-9-002:012. At 9:32 a.m., Chair Clarkson announced that this item was continued at the request of the Applicant. There was no one from the public wishing to testify on the matter. 3. APPLICANT: OYS PROPERTIES, LLC (REZ 17-000224) Application for a Change of Zone from a Single -Family Residential —15,000 square feet (RS -15) to Single -Family Residential — 10,000 square feet (RS -10) zoning district for approximately 21,815 square feet of land. The subject property is located at 344 Kehaulani Street, about 165 feet from the northwest corner of the W. Kawailani Street and Kehaulani Street intersection in the Waiakea Homesteads, Waiakea, South Hilo, Hawaii, TMK: 2.4..010:028. The Commission took this item up at 9:32 a.m. with 14 people from the public in attendance. (SEE EXHIBIT B) This item ended at 9:41 a.m. Chair Clarkson called a recess at 9:41 a.m., and the meeting was reconvened at 9:52 a.m. 4. APPLICANT: CELESTIAL SANCTUM 501(C)3 (SPP 17-000192) Continued hearing for an application for a Special Permit to allow the development of a lodge and wellness retreat center, including healing workshops, wellness classes, yoga classes, a certified kitchen, and overnight accommodations for up to 21 guests on an approximately 3.926 -acre portion of a larger 25 -acre parcel of land situated within the State Land Use Agricultural District. The subject property is located at 18-4271 Luna Ikena Road, approximately 1.3 miles west (mauka) of its intersection with Volcano Road (Highway 11), Por. of Ola`a, Puna, Hawaii, TMK: 1-8-010: Por. 105. The Commission took this item up at 9:52 a.m. with 12 people from the public in attendance. (SEE EXHIBIT C) This item ended at 10:39 a.m. 5. APPLICANT: VERIZON WIRELESS (USE 17-000067) Continued hearing for an application for a Use Permit to allow the construction of a new, non -manned telecommunication facility, consisting of a 167 -foot tall steel monopole tower and related facilities within a 900 -square foot portion of a 1 -acre parcel of land situated in the County's Agricultural 1 -acre (A -la) zoning district. A petition for standing in a contested case hearing for this matter was withdrawn on November 9, 2017. The property is located northeast of the `Ohi`a Avenue - Alapua Street intersection, in the Eden Roc Estates Subdivision, Kea`au, Puna, Hawaii, TMK: 1-1-082:031. Page 2 of 4 Windward Planning Commission January 4, 2018 Minutes The Commission took this item up at 10:39 a.m. with 4 people from the public in attendance. Chair Clarkson called a recess at 10:39 a.m., and the meeting was reconvened at 10:44 a.m. Chair Clarkson called a recess at 11:16 a. m., and the meeting was reconvened at 11:21 a. m. (SEE EXHIBIT D) This item ended at 11:30 a.m. MINUTES — The Commission took this item up at 11:30 a.m. of Minutes of the October 30. 2017 Joint Commission Meeting and the November 2 2017 Windward Planning Commission Meeting — It was moved by Commissioner Miyasato, and seconded by Commissioner Dela Cruz, that the Joint Commission Meeting Minutes of October 30, 2017 and the Minutes of December 7, 2017, be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS - The Commission took this item up at 11:31 a.m. Review and discussion of recent Special Management Area (SMA) determinations and minor permits issued by the Planning Director. Ms. Jackson gave the Commission a copy of the Planning Department's December 2017 SMA Assessment Log along with a copy of the December 27, 2017 SMA Minor Permit No. 17-378 issued to Steve Shropshire (SEE EXHIBIT E). Ms. Jackson stated that a copy of the Shropshire decision was given to the Commission since that application was mentioned at the [October 30th ] Joint Planning Commission Meeting [Amendments to Planning Commission Rule 9 (SMA)]. Ms. Jackson briefly explained the format of the log to the Commission. ANNOUNCEMENTS — At 11:34 a.m., Mr. Darrow reminded the Commission that the Telecommunications Act of 1996 needed to be followed when the Commission reviewed any applications for cell towers. Mr. Darrow explained that this Federal Law limited State and local authorities from regulating the placement, construction, or modification of personal wireless service facilities on the basis of environmental effects of radiofrequency emissions as long as such facilities/towers complied with the Federal Communications Commission's (FCC) regulations concerning such emissions. Mr. Darrow stated that as a matter of practice, when these types of applications were received by the Planning Department, it was standard procedure to ask applicants if they had complied with the FCC regulations for emissions as well as the Federal Aviation Administration (FAA) requirements. Mr. Darrow added that until the Federal Government approved any studies that showed health risks associated with cell towers, and allowed State or local authorities to restrict those applications based on health risks, the Telecommunications Act of 1996 needed to be adhered to. Page 3 of 4 Windward Planning Commission January 4, 2018 Minutes ADJOURNMENT — There being no further business, it was moved by Commissioner Dela Cruz and seconded by Commissioner Henkel that the meeting be adjourned. Motion was unanimously carried by a voice vote of all Commissioners in attendance. Chairman Clarkson adjourned the meeting at 11:37 a.m. ATTEST: Joseph Clarkson, Chairman Windward Planning Commission Respectfully submitted, Sarah Y. Hata-Finley, Secretary Page 4 of 4 Windward Planning Commission January 4, 2018 Minutes