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HomeMy WebLinkAboutpc 3-12-13 reg mtng minutes KAUAI PLANNING COMMISSION REGULAR MEETING March 12,2013 The regular meeting of the Planning Commission of the County of Kauai was called to order by Vice Chair Kimura at 9:13 a.m., at the Lihue Civic Center, Moikeha Building, in meeting room 2A-2B. The following Commissioners were present: Mr. Jan Kimura Mr. John Isobe Ms. Amy Mendonca Mr. Herman Texeira Mr. Hartwell Blake (arrived at 10:38 a.m.) Absent and excused: Mr. Wayne Katayama Discussion of the meeting, in effect, ensued: CALL TO ORDER Vice Chair Kimura called the meeting to order at 9:13 a.m. ROLL CALL Planning Director Michael Dahilig noted that there was quorum. APPROVAL OF AGENDA Mr. Dahilig suggested that Item 1.1. relating to the presentation of draft final IAL study report be deferred to the next meeting and moving Items K.1. Subdivision and Item L.3. immediately after hearings and public comment. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the agenda as amended, the motion carried by unanimous voice vote. 1 V:\2013 Master Files\Commissions\Planning\Minutes\2013-3-12 Plaiming Commission Minutes MAR T X01 MINUTES of the meeting(s) of the Planning Commission Regular Meeting of February 12, 2013 On the motion by Herman Texeira and seconded by Amy Mendonca to approve the minutes of February 12, 2013,the motion carried by unanimous voice vote. HEARINGS AND PUBLIC COMMENT Continued Agency Hearing (NONE) New Agency Hearing Class IV Zoning Permit Z-IV-2013-11, Use Permit U-2013-10 and Special Permit SP- 2013-4 to construct a church facility that includes a meeting hall (worships space), two (2) meeting rooms restrooms office and a pastor's living quarters, on a parcel located in Poipu, along the western side of Ala Kinoiki (Poipu Bypass Road) and inmiediately across its intersection with Poipu Aina Place further identified as Tax Map Key 2-8-022: 015, and containing a total area of 2.946 acres =Koloa ConQE!�gation of Jehovah's Witness. The Commission received testimony from Aaron Konno. Mr. Konno stated that he is a member of the Koloa Congregation of Jehovah's Witnesses. He is in favor of allowing the Kingdom Hall to be built. He lived it,Koloa all of his life and felt that most people in the community appreciate all religions that promote moral, spiritual and family values. Having a religious denomination would be an asset and would be invaluable for the community. They have been meeting at Waikomo Road since the-60s. The rental agreement is month to month and can be terminated at any time. It is important to acquire property and have their Kingdom Hail built so they can continue to be a part of the community in Koloa. There are vacationing visitors on the South Shore and the new location would make it convenient for them to attend the meetings. He welcomed any questions or concerns and referenced their website,jw.org, where questions can also be addressed. The Commission received testimony from Tina Gannett. Ms. Gannett stated that she is a resident of Lawai and her family has been attending congregation meetings for over 35 years; in the Koloa area for 15 years. It has been a benefit to families who want their children to keep busy and active in spiritual activities and goals. It has helped her to raise her children in a positive way and they continue with their own families. She is in support of the project to build a congregation meeting place on the Poipu bypass. Aside from the convenience for those who already attend, they have many new people who want to attend and express appreciation for having a meeting place close by. They have been looking for a permanent location for their meetings for a while as the place they are renting is getting older and more difficult to maintain. The new location would be easier to maintain because it is newer and there will be an area for paved parking. It will be more visible and easier to find. The building will be attractive, simple, but very nice. The property will be well kept and well maintained. Neighbors around their current area in Koloa can tell you that there are many willing volunteers each week that make sure the yard and surrounding area of the facility is well 2 VA2013 Master Piles\Commissions\Ptanning\Minutes\2013-3-12 Planning Commission Minutes maintained an clean. They will do the same with the new location. She felt the building will be conducive to helping all that attend to learn and be instructed in a clean and comfortable environment. As with all their meeting halls they receive instruction that help them to learn and apply good principles in everyday life. It helps them to be law abiding citizens, better husbands, wives, and children and peaceful neighbors in the community. It will be an excellent project with a positive goal. The Commission received testimony from Keale,Rull. Mr. Roll stated that he is from Hanapepe and enjoys having a place of worship and a respectable place to meet. It has benefited him and helped him to have better conduct toward himself and others, and helps him to put spiritual things first. It has also benefited his family. He attends twice a week with his mother. It is only a 20 minute drive from Hanapepe. It is encouraging to invite his friends, family and neighbors and it is open to the public. He is in support of the Kingdom Hall and hopes the Commission will allow them to build it. On the motion by Herman Texeira and seconded by Amy Mendonca to close agency hearing, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2013-12 Use Permit U-2013-11 and Variance Permit V- 2013-4 to allow installation and height variance for an 80 ft. high monopine tower that includes twelve 12)panel antennas on a parcel situated in Kilauea, along the western side of Kilauea Lighthouse Road immediately adjacent to the Kaua'i Christian Academy ly, further identified as Tax Map Key 5-2-004: 102 and affecting a portion of a larger parcel approx. 13.203 acres in size=New CiMlar Wireless Pa LLC (AT&T. The Commission received testimony from Lori Patch. Ms. Patch stated that the Telecom Act of 1996 stifles the power of local government agencies to regulate issues. Communities across America are forced to search for reasons other than radiation from the towers. She noted that the proposal is for an 80 foot tower, but the zoning is for not more than 25 feet. She noted that the community just says no and asked the Commission not to allow this to happen in their community. Her granddaughter attends the Kauai Christian Academy. She met a family who lost 30 members to cancer. She did not want to find 20 years later that because of the Telecom Act, their children are developing tumors or cancer. She was told that there are other towers in the area, but that doesn't mean they need a new one. There are other communities that have stopped the cell towers. She asked the Commission to consider not passing the permits. The shearwater is protected and they need their children protected over the shearwater. The Telecom Act cites that the power of local government agencies cannot use health as an issue. All the community can ask is for the Commission to not allow the tower. They do not want a fake 80 foot pine in the neighborhood. If they could put it up in the mountains away from communities, children, schools and churches, it would be wonderful. The Commission received testimony from Joe Finley. 3 V A2013 Master Files\Commissions\Plmining\Minutas\2013-3-12 Planning Commission Minutes Mr. Finely stated that he lives across the street from the tower. He expressed his opposition. It would be an eye sore in the neighborhood and he does not want it in his space. The Commission received testimony Felicia Cowden. Ms. Cowden stated that she lives on Kilauea Road in direct sight of the proposed tower and she strongly opposes it. In awareness of the Telecom Act of 1996 that states they cannot complain about the health issues, she would like to complain about the fact that she can see the unnamed health issue from her house and it disturbs her to the point where she may have to move. She has put a lot of energy into living vibrantly on the land, and now there is another contaminant. She has helped three people who have died from cancer and there is a whole range of immune system disorders there. They learned from Dr. Lauren Pang about combined effects. She does not want to live there if they put the tower up. In order to sell, she would have to disclose that the property is next to a tower that is well known in the world to create all kinds of issues. It depletes the values of homes. Nobody is happy with it. The beautiful neighborhood across the street with affordable housing has many children. Market value will plummet. It is also next to the Kauai Christian Academy. She referenced a letter from a neurologist from Harvard stating that it does developmental injury to children. It will hurt the school and the child care business. The Commission received written testimony from Dale Jacobs read by Felicia Cowden. Ms. Cowden read testimony from Dale Jacobs in opposition of the proposed permits into the record(on file). Ms. Jacobs is opposed, not only for health and safety, but it is in the line of sight of her home. She works out of her home as a licensed day care provider which is her sole income as a single mother of three. Some of the toddlers are highly sensitive to environmental influences and this may directly affect their health and therefore would not enroll in her program which would greatly affect her income to the degree that it may cause her to move. She has lived on Kauai for 38 years. The proposal would be in her environment and she did not feel that it was safe for her or anyone else especially little children. She requested that the Commission not allow this to go through. The Commission received testimony from Avery Youn. Mr. Younstated that he lives in a house that is closest to this tower in Kilauea Estates. The staff report indicated that the pole needed to be higher to clear the vegetation in the vicinity. He noted that the vegetation could be cut down if they want the tower to be lower. He believes there are four or five other cell sites within ''/2 mile of this property. He questioned if the other sites were considered. His understanding is that the higher the elevation, the better they work. He also understood that other companies consolidate their facilities within one site, and questioned why the other sites could not be considered first. This would be the sixth site in the immediate area. The farther they are away from residential areas, the less controversial they are. This seems to be very close to the residential area and school. He requested that the Commission address these concerns and whether it can be consolidated into the other sites. The Commission received testimony from Jackie Yellin. 4 V:A2013 Master PilesV Commissions\Planning\Minutes\2013-3-12 Planting Commission Minutes Ms. Yellin stated that she was representing Gary Kading and herself. Gary Kading owns Unit 4 of the Kauai Christian Academy's CPR who said that if he signed an okay, he was not aware of the health issues. She is an avid cell phone user, but would rather have less service than take a risk of contaminating the children for a cell phone. She does business on a cell phone, but it can never be more important than questionable health issues for the community. Kids are the most important. She read a study done by the Israelis and Germans that the rate of people living near these kinds of towers has quadrupled. Health issues are number one for the children and the community. Unit 4 is against it. The Commission received testimony from Deborah Winger. Ms. Winger stated that health issues are clearly number one on the list. She cited the power of the vote, the power of people, and the power of freedom to choose what they want in their neighborhood and homes. She lives very close to the proposed location and is opposed for many reasons. She agreed with the first speaker that they say no as a community and that it should be respected. She asked the Commission to show up on their behalf. She also felt that the other possible sites are very viable and are well wvay from the community, children and families. Mr. Dahilig stated that given the handout from Ms. Cowden and other written testimony that was submitted,the Department would recommend a continuance of the agency hearing to the next Commission meeting. On the motion by Amy Mendonca and seconded by Herman Texeira to continue the agency hearing to the next Commission meeting, the motion carried by unanimous voice vote. Continued Public Hearing(NONE) New Public Hearing (NONE) All Public Testimony Pursuant to HRS 92 There was no testimony. COMMUNICATION (For Action) (NONE) 5 V:\2013 Master Files\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes COMMITTEE REPORTS Subdivision Vice Chair Kimura stated that because he is Chair of the Subdivision Committee and acting Chair for the Planning Commission, he asked. Commissioner Texeira to read the Committee report. Commissioner Texeira stated that there was a stipulated decision and order between Kealia Properties LLC and the County of Kauai rescinding final subdivision map approvals for S-2006-45 and S-2006-46. The motion to accept was approved 2-0. The following Tentative Subdivision Extension requests were approved, 2-0: S-2006-12=Visionary LLC, 5-lot Subdivision, TMK: 3-7-030:20 S-2006-24=Visionary LLC, 115-lot Subdivision, TMK: 3-7-030:20 Commissioner Texeira stated that they involve a block property at the Hanamaulu triangle on the corner of Kapule and Kuhio Highway. The applicant requested consolidation of the two expiration dates. One was November 22, 2013, and the other was March 28, 2014. They Committee approved the uniform date of March 28, 2014. On the motion by Amy Mendonca and second by Herman Texeira to approve the Subdivision Committee report, the motion carried by unanimous voice vote. UNFINISHED BUSINESS (For Action) Stipulated Decision and Order between Kealia Properties LLC and the county of Kauai Rescinding Final Subdivision Approvals for S-2006-45 and S-2006-46. Mr. Dahilig noted that this matter was before the Subdivision Committee for review and is before the Commission for final approval. He noted that Greg Kamm,representing the applicant, was in the audience for questioning. This was an agreement between the County and the land owner agreeing to rescind the approvals for the two parcels. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the decision and order, all were in favor by unanimous voice vote. 6 VA201.3 Master Files\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes CONSENT CALENDAR Status Reports 2013 Annual Status Report for Special Management Area Use Permit SMA(U)-2006-04, Project Development Use Permit PDU-2006-6 and Class IV Zoning Permit Z-IV-2006-9, Tax Map Key 4-3-002. 015 16 &20 Kapaa Kauai = Coconut Beach Development LLC Annual Status Report 2012 (1/30/13)regarding Compliance with Permit Conditions and Request to amend Condition No 10 to allow additional time to complete project (submitted by Tracy Nagata Vice President) for Project Development Use Permit P.D. U-2006-29 Class IV Zoning Permit Z-IV-2006-24 and Variance Permit V-2006-08, Tax Map Key 3-7-003:20, Hanamaulu Kauai=D R Horton-Schuler Division. Director's Reports for Project(s) Scheduled for Agency Hearing on 3/27/13 Class IV Zoning Permit Z-IV-2013-13 to permit the construction of a dialysis treatment facility and several office buildin sg on a parcel situated in Lihue alone the northern side of the Ahukini Road/Elua Street intersection further identified as Tax Map Key 3-7-001:034, and containing a total area of 3.223 acres =TIRT Realty LLC. Shoreline Setback Activity Determination(NONE) Commissioner Texeira questioned why the Kauai Coconut Beach Development was on the consent calendar and not up for discussion. Mr. Dahilig stated that it is a status report. Commissioner Texeira felt it was important to discuss status reports. Mr. Dahilig stated that it would be up to the Commission if they would like to discuss the matter further. It is related to a lawsuit, so the County Attorney suggested that if the Commission would like to discuss the status report they enter into executive session to consult with legal counsel in Honolulu. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the consent calendar,the motion carried by unanimous voice vote. 7 V\2013 Master Files\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes EXECUTIVE SESSION Pursuant to Hawai'i Revised Statutes Sections 92-4 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), on behalf of the Planning Commission of the County of Kauai, the Office of the County Attorney requests an executive session with the Planning Commission to provide the Planning Commission with a briefing on the status report submitted by Coconut Beach Development LLC for Special Management Area Use Permit SMA(U) 2006-04; Project Development Use Permit PCU-2006-6; Class IV Zoning Permit Z-IV-2006-9• TMK(4) 4-3- 002.015 16 & 20 Kapaa Kauai and related matters. This briefing and consultation involves the consideration of the powers duties, privileges immunities and/or liabilities of the Council and the County as they relate to this agenda item and related matters. Mr. Dahilig noted that the above executive session item was fisted relating to the Item G.La. and was no longer necessary. Pursuant to Hawai'i Revised Statutes Sections 92-5(a) (2 and 4) the purpose of this executive session is to discuss matters pertaining to the evaluation of the Plannina Director. This session pertains to the Planning Director's evaluation where consideration of matters affecting privacy will be involved Further, to consult with legal counsel regarding powers duties privileges and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. Vice Chair Kimura requested a deferral since Chair Katayama and Commissioner Blake were not present. He would like to have all Commissioners present. On the motion by Herman Texeira and seconded by Amy Mendonca to defer Item H.2., the motion carried by unanimous voice vote. GENERAL BUSINESS MATTERS Update on Implementation of the Lihue Town Core Urban Design Plan (2010) Staff Planner Marie Williams stated that this.is the third annual update. She read a summary of the report into the record(on file). The plan crafted a vision for Lihue and included goals related to community revitalization, transportation networks, and infrastructure improvements. The plan established four special plalming areas; one centered on Rice Street, one on Kuhio Highway, one on the side streets in the town core Ekahi, Elua and Umi Streets, and another covers the Civic Center all the way to the school. They serve as an overlay and allow mixed use and they call for specific site design guidelines. She reviewed the progress that was made over the last three years based on a ten year time frame. They have developed rules to assist with enforcement of the building color requirements in the special planning areas that will be reviewed by the Small Business Regulatory Review Board and the Planning Commission in March and April. The State and County funded projects that will help implement the multi modal circulation component include the Civic Center ADA site improvements to the parking lot and sidewalks, Hardy Street improvements with pedestrian and bicycle friendly improvements to 8 VA2013 Master Piles\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes the roadway as well crosswalk improvements, re-stripping of Rice Street to include bike lanes and additional cross walks, construction of bus stop shelters on Rice Street, and the Lihue Library sidewalk improvements. The Lihue Development Plan update will commence soon. The Planning staff sits on the technical advisory committee for the Kauai Long Range Land Transportation Plan and it ties into the Lihue Town Core Plan because the Town Core plan calls for the construction of a bypass road through Lihue. The Town Core Plan continues to be implemented on a day to day basis through major and minor development permits and on a larger scale through County capital projects. The Department will continue to work with the community and other agencies to ensure that the plans, goals, and recommendations are considered in planning activities affecting the town core. Vice Chair Kimura questioned if the ADA projects are out for bid. Ms. Williams stated that they are either out to bid now or the County is reviewing what has come in. Vice Chair Kimura clarified that the County does not do their own ADA projects. On the motion by Herman Texeira and seconded by Amy Mendonca to receive the status report, all were in favor by unanimous voice vote. UNFINISHED BUSINESS (For Action) (Continued) Class IV Zoning Permit Z-IV-2013-2 Use Permit U-2013-2 and Special Management Area Use Permit SMA(U)-2013-1 to allow after-the-fact improvements involving Lot 6 of the Kahili Makai Subdivision. includes construction of a concrete retaining wall, drainage sump and extension of concrete driveways on a parcel situated along the makai side of Knhi`6 Highway, near the terminus of Kabili Makai Road further identified as Tax Map Key (4) 5-2- 021. 006 and affecting a portion of a 27.56-acre parcel=Lauren Nicole Spellman Smith and Brian John Smith. Letter(3/5/13) from Lorna Nishimitsu Esq., requesting second extension of time for action to April 23, 2013. On the motion by Herman Texeira and seconded by Amy Mendonca to defer, the motion carried by unanimous voice vote. Class IV Zoning Permit Z-IV-2013-9 and Use Permit U-2013-8 to allow establishment of a group child care home facility on a parcel situated along Mamane Street in Kapaa Town, approx. 350 ft. mauka of its intersection with Ulu Street, further identified as Tax Map Key 4-5- 009: 018, and affecting a land area of 7,500 sq. ft. =Laura Check Letter(2/25/13) from Laura Check requesting withdrawal of subject permits On the motion by Herman Texeira and seconded by Amy Mendonca to receive and approve the withdrawal, the motion carried by unanimous voice vote. 9 VA2013 Master Files\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes NEW BUSINESS (For Action) Class IV Zoning Permit Z-IV-2013-11 Use Permit U-2013-10 and Special Permit SP- 2013-4 to construct a church facility that includes a meeting hall (worship space), two (2) meeting rooms restrooms office and a pastor's living quarters on a parcel located in Poipu along the western side of Ala Kinoiki (Poipu Bypass Road) and immediately across its intersection with Poipu Aina Place further identified as Tax Map Key 2-8-022: 015, and containing a total area of 2.946 acres =Koloa Conkre ation of Jehovah's Witness Staff Planner Dale Cua read the Director's Report into the record(on file). Dean Agcaoili from DRA Architecture and Roy Figueroa from the Regional Building Committee stated that they did not have any comments on the Director's report. They will be addressing access concerns with the Planner and Public Works. Commissioner Texeira questioned the impacts of the agricultural activity to the east of the property regarding dust and noise. Mr. Agcaoili stated that it won't impact their activity because most activity will be indoors. Commissioner Mendonca questioned the ingress and egress onto the bypass. She noted that the Director's recommendation is for the applicant to work out some other means. Mr. Agcaoili stated that they will need to work with the County Engineer on solutions. Mr. Figueroa stated that at the time they were looking at the property, they were not aware of the limited access on the road. They only looked at having direct access because that is how it was shown to them on the property that they purchased. They are going to work with both the Planning Department and Public Works to find a reasonable solution looking at the geometries for a safe entry and exit. They would like to suggest an amendment to one of the proposed conditions. Mr. Dahilig stated the Department has not yet received the comments from the Engineering Division. They can anticipate, even without their comments being submitted on time, that other permitted uses along the stretch of highway has had that type of restriction concerning ingress and egress to the thoroughfare. It is meant as a bypass road and not a distribution road. Vice Chair Kimura questioned if the condition would be that the applicant will work with the Planning Department and Engineering. Mr. Dahilig noted that Condition number 3 states that based on the access restrictions imposed during the bypass road subdivision and to mitigate potential traffic impacts along 10 V:\2013 Master Files\Coinmissions\Planning\Minutes\2013-3-12 Planning Commission Minutes Alakinoiki applicant shall develop an alternate access route and work with the Department of Public Works and Planning to resolve this matter. The applicant is advised that additional conditions may be imposed in the process of resolving this requirement. Vice Chair Kimura questioned if the applicant had a problem with the condition. (Commissioner Blake joined the meeting at 10:38 a.m.) Mr. Figueroa questioned if he could suggest wording so that all possible alternatives are researched and studied by the Planning Department and Public Works. He would prefer the sentence start from"In order to mitigate traffic impacts of Alakinoiki, the applicant shall work with the Department of Public Works and Planning to resolve this matter." Mr. Dahilig clarified that when there is an alternative to the traffic being proposed it is the applicant's responsibility to provide a traffic impact analysis report from a civil engineer. The study needs to be done in order to provide the Department of Public Works and Planning Department the necessary traffic engineering information. If the condition as proposed in the original permit is going to be sustained, they would need the traffic engineering information. It would require a full traffic study. Mr.Figueroa stated that they would be willing to do whatever it takes to satisfy the Department as far as having a traffic study done for the alternatives. Mr. Dahilig stated that as it doesn't rule out the possibility of also requiring an alternative, the Department would be comfortable with the suggested language. It is absent the comments from Public Works, Engineering, who has not submitted their comments on time. Vice Chair Kimura questioned whether the neighboring properties are okay with what the applicant has planned. Mr. Figueroa stated that he got a call from Unit A, the Pastor of Kauai Christian Fellowship, who had no problem utilizing the access that was shown on the plan. Mr. Dahilig stated that they would amend their report to incorporate the language that the applicant suggested to strike the word"shall develop an alternate access route and". The phrase should read "In order to mitigate traffic impacts along Alakinoiki, the applicant shall work with the Department of Public Works and Planning to resolve this matter." Commissioner Mendonea asked for clarification that the applicant requested to change the language to work directly with Public Works and is still seeking an alternative route. Mr. Dahilig clarified that the applicant is aware that the Planning Department and Public Works will be suggesting an alternate route, and if the current route wants to be maintained, they will need to provide traffic engineering evidence to the Planning Department and the Department of Public Works to support why there won't be additional traffic impacts that need to be 11 V 92013 Master Files\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes mitigated as a consequence of that additional traffic that will come in and out of that facility directly onto the road. Commissioner Mendonca questioned if it would set precedence. Mr. Dahilig stated that it is a discretionary call by Public Works as to whether something has an impact or not. If the proposal is to go directly off the road, they would have to convince the Engineering Division that the ingress and egress directly onto the highway won't slow down traffic or create traffic. Commissioner Mendonca questioned if it would also put the question on the original agreement with Grove Farm. Mr. Dahilig stated that they need to work it out with that land owner as well. They are trying to provide a window based on Condition number 3 to have further evidence presented to the Public Works to help resolve the matter. Vice Chair Kimura noted that Commissioner Blake has joined the meeting and requested a roll call vote. On the motion by Herman Texeira and seconded by John Isobe to approve Class IV Zoning Permit-Z-IV-2013-11, Use Permit U-2013-10 and Special Permit SP-2013-4 with the conditions as amended by the Department, the motion carried by unanimous roll call vote. Class IV Zoning Permit Z-IV-2013-12 Use Permit U-2013-11 and Variance Permit V- 2013-4 to allow installation and height variance for an 80 ft. high monopine tower that includes twelve (12) panel antennas on a parcel situated in Kilauea, along the western side of Kilauea Lighthouse Road immediately adjacent to the Kaua'i Christian Academy facility, further identified as Tax Map Key 5-2-004. 102 and affecting a portion of a larger parcel approx. 13.203 acres in size=New Cingular Wireless PCS LLC(AT&T Mr. Dahilig noted that the agency hearing has not been closed. Vice Chair Kimura recused himself from this agenda item because he lives in the direct neighborhood of the proposed permit. Mr. Dahilig noted that by practice, if the Chair and Vice Chair are not available, usually the most senior Commissioner by tenure becomes the Chair pro tem. Chair pro tem Texeira requested the Director's report. Staff Planner Kenneth Estes filling in for Kaaina Hull read the Director's report into the record (on file). 12 V:A2013 Muter FilesV Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes Mr. Dahilig noted that the applicant may have gotten confused when they deferred the agency hearing and were no longer present. Given the fact that the agency hearing has not been closed, there is no action required at this time. He suggested that at the next meeting, they place an executive session on the agenda for the Commission to be briefed on the regulations concerning the Federal law and how it interfaces with the zoning laws of the County. Commissioner Isobe requested that the Department talk to the applicant about the possibility of consolidating the use with the other towers already located in the vicinity. Mr. Dahilig stated that they will follow up on colocation and reasons why they were or were not feasible in this circumstance and report back in two weeks. Commissioner Mendonca questioned if this location was the only feasible location. Mr. Dahilig stated that he did not know off the top of his head but will get an answer. Commissioner Mendonca stated that it would give them a broader view as to Mr. Youn's continent of other towers in the vicinity. Mr. Dahilig stated that he will have Mr. Hull explain some of the general questions that are asked to a general applicant that proposes a cell tower at the next meeting. Chair pro tern Texeira questioned if the applicant has spoken with the other companies regarding collocating on heir sites. He recalled reading in the report that the other companies did not want to share their sites. Mr. Dahilig stated that his understanding was that the preferred site by the applicant was near a historic cemetery. Willing land owners may have been an issue concerning other colocation issues. With technological changes, what currently exists may not suit their needs. Chair pro tem Texeira noted that the report mentions that the County has a site on Crater Hill, but was not willing to share their site with the applicant. Mr. Dahilig stated that he will follow up. Chair pro tem Texeira expressed concern about the health issues and questioned their relevance. Mr. Dahilig stated that the predominant tenor of the testimony seemed concerned about electromagnetic fields and their impact on the human body. He felt it may be appropriate to schedule and executive session with the County Attorney to discuss how the Federal Law and evaluation of the electromagnetic field and other types of potential impacts from these facilities are entertained as part of the permitting process. It is a Federal issue. Deputy County Attorney Jung stated that there are certainly Federal preemption issues. 13 V92013 Master Files\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes Chair pro tern Texeira questioned the proposed height of 80 feet. Mr. Youn mentioned in the testimony that some of the surrounding trees can be cut. He questioned if it was a point of consideration. Mr. Dahilig stated that they would need some time to substantiate the comments and provide an analysis for the Commission. Commissioner Blake questioned the County tower on Crater Hill. Deputy County Attorney Jung stated that there is a tower that deals with emergency broadcast communication. They could look into the reasons for the denial. Commissioner Blake asked or a summary on the Commission's requests. Mr. Dahilig stated that Commissioner Isobe questioned the possibility of colocation, Commissioner Mendonea questioned the reason for the requested location of this proposal, he will check with the appropriate agency regarding the tower on Crater Hill as to why the County does not want the colocation, and he will also check on the height issue concerning whether the trees are a factor and can be trimmed. Vice Chair Kimura re-assumed chairing the meeting. ANNOUCEMENTS Mr. Dahilig announced that the next Planning Commission meeting will be held at 9:00 a.m. or shortly thereafter at the Lihue Civic Center, Moikeha Building, Meeting Room-2A-2B, 4444 Rice Street, Lihue, Kauai, Hawaii 96766, on Wednesday, March 27, 2013. ADJOURNMENT Vice Chair Kimura adjourned the meeting at 11:02 a.m. R span lly submitted by: d 1 Duke Nakamatsu, Commission Support Clerk 14 V:\2013 Master Piles\Commissions\Planning\Minutes\2013-3-12 Planning Commission Minutes