HomeMy WebLinkAboutItem #4 WPC PROPOSED FOF COL D&O (USE 19-081)BEFORE THE COUNTY OF HAWAII
WINDWARD PLANNING COMMISSION
Application of Use Permit No. 19-000081
NEW CINGULAR WIRELESS PCS, LLC PROPOSED FINDINGS OF FACT,
DBA AT&T MOBILITY CONCLUSIONS OF LAW, and DECISION
AND ORDER FOR DENIAL OF USE
TMK (3) 1-7-031:031 PERMIT APPLICATION NO. 19-000081
PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW,DECISION AND
ORDER FOR DENIAL OF USE PERMIT APPLICATION NO. 19-000081
NEW CINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY ("Applicant"), filed
an Application for a Use Permit for a proposed telecommunications facility consisting of a non-
manned 180-foot tall monopole and related equipment located north of Kua'aina Road, Kea'au,
Puna, Hawaii, TMK: (3) 1-7-031:031 ("Application"). The Windward Planning Commission of
the County of Hawai`i ("Commission")having heard the testimony provided by the public and
AT&T Mobility at its hearings on February 6, 2020 and March 5, 2020; having considered the
entire record herein; makes the following findings of fact and conclusions of law.
FINDINGS OF FACT
A. Procedural Matters
1. On November 6, 2019, the applicant filed an application, which included
thirteen (13) attachments, with the County of Hawai`i Planning Department("Department").
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2. On November 8, 2019, the Department accepted the Application for
processing.
3. By memorandum dated November 22, 2019, with copies of the
Application enclosed, the Department solicited comments on the Application to various County,
State, and Federal agencies. The agencies included were the Department of Public Works
Engineering Division(Hilo), Department of Water Supply, Fire Department, Department of
Environmental Management, Police Department, Civil Defense,Department of Public Works
Building Division, State Department of Land and Natural Resources Land and Engineering
Divisions, State Health Department, and the U.S. Fish and Wildlife Service.
4. In December 2019, the Department received comments on the Application
from the Department of Land and Natural Resources Engineering Division, Police Department,
State Department of Health, Department of Water Supply, Department of Public Works
Engineering Division(Hilo). The remainder of the agencies had no comment or no response.
5. On January 29, 2020, Michael Yee, Planning Director, sent his
background report and recommendation on the Application to the Commission.
6. On February 6, 2020, the Commission held a hearing on the Application in
the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i.
7.On February 6, 2020, the Applicant, represented by Andrew Tomlinson,
presented oral testimony and answered questions from the Commission.
8. On February 6, 2020, the Commission heard public testimony in
opposition of the Application from Edelyn Ellwood, William Ellwood, Byron Matthews, Eddie
Clark, Anna Maneja-Andres, Jaerick Medeiros-Garcia, and Laurette Bentosino.
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9. On February 6, 2020, the Commission continued the hearing to the March
5, 2020 so that the Department could verify road ownership and proper placement of the
notification sign.
10. On March 5, 2020, the Commission held the continued hearing on the
Application in the Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i.
11. On March 5, 2020, the Applicant, represented by Andrew Tomlinson,
presented oral testimony and answered questions from the Commission
12. On March 5, 2020, the Commission heard public testimony in opposition
of the Application from Ryoko Osaka, Kaui Paleka-Kalama, Jose Romero, Jaerick Medeiros-
Garcia, Prescott Ellwood, Melonie Lucero, Edelyn Ellwood, Sariah Evans, Michael Mentnech,
Ku`ulei Muise, Laura Acasio, and Matt Kaneali`i-Kleinfelder.
13. On March 5, 2020, the Commission moved and seconded that the
application for Use Permit Docket No. Use 19-000082 be denied.
B. Proposed Project
1. The Applicant requested a Use Permit to allow the construction of a new,
non-manned telecommunication facility, which includes 180-foot tall monopole and antenna
array for AT&T consisting of four(4) sectors with three (3) antennas per sector for a total of
twelve (12) antennas, thirty-six (36)remote radio heads, six(6) surge suppressors, and one(1)
global positioning system(GPS) antenna. No exterior lighting is proposed for the site.
2. In addition to the tower and antennas, the 2,500-square foot(50' x 50')
leased area would be used for accessory ground facilities located within an enclosed pre-
fabricated 12' x 20'6" walk-in cabinet shelter. The leased area will be enclosed with a 6-foot
high chain-link fence with landscaped buffer, green privacy slats, and a 10-foot wide locked
access gate. Green privacy slats in the chain link fence surrounding the ground equipment is
proposed to mitigate visual impacts.
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3. The proposed facility would be unmanned, and maintenance and repair
activities will be performed by a technician on a periodic basis.
4. The pole will be constructed of structural galvanized steel and built to
withstand 105 mph wind.
C. Description ofProperty and Surroundinji Areas
1. Description ofProperty: The subject property is 9.65 acres in size and
irregular in shape. The property is currently vacant except for a small barn approximately 50 feet
from the proposed facility and a concrete pad south of the lease area. The property is not in use
for agriculture and is not occupied.
2. Surrounding Zoning/Land Uses: Properties located immediately to the
north, east and west of the subject property are similarly zoned A-20a. Properties located to the
south of the subject property are zoned RS-20. Kamehameha School's campus is located to the
northeast across North Road. The nearest dwellings are located on adjacent properties to the
southwest, with the closest located about 264 feet from the proposed tower location.
3. Flood Zone: The subject property is Zone X, which is an area determined
to be outside the 500-year floodplain.
4. Flora/Fauna Resources: A National Environmental Policy Act(NEPA)
Screening Report including a review of biological resources and consultation with the US Fish
and Wildlife Service and the Department of Land and Natural Resources was submitted with the
Application. The parcel is vegetated with grasses and shrubs. No wetlands or riparian areas
occur on or within the immediate vicinity of the project site. There are several endangered or
threatened plant and wildlife species that are known to occur in or transit through the subject
property, including the Hawaiian hoary bat, Hawaiian hawk, Hawaiian petrel, band-rumped
storm petrel and the Newell's shearwater.
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5. Archaeological/Historical/Cultural Resources: There are no historic
properties located on the property. The Department of Land and Natural Resources-State
Historic Preservation Division(SHPD) concurred with this determination in a letter dated March
15, 2019. There are no valued cultural, historical or natural resources on the subject property
and no cultural gathering occurs. The property has been significantly impacted by previous
commercial development.
6. Scenic and Visual Resources: The General Plan identifies views of
Mauna Kea and Mauna Loa from various Puna subdivisions as an example of natural beauty in
the Puna district. Properties surrounding the subject parcel are vegetated with medium to tall
trees, which block views of these mountains.
7. Public Access: There is no known public access to the mountains or the
shoreline that runs through the subject property.
D. State and County plans
1. State Land Use District: Agricultural.
2. GP LUPAG MAP: Low density urban.
3. County Zoning: Agricultural 20-acre (A-20a).
4. Puna Community Development Plan (CDP): The Puna CDP was adopted
by the Hawai`i County Council, Ordinance 08 116, on September 10, 2008. Under Public Safety
and Sanitation Services in the plan, Action 3.4.3(e) states, "Encourage enhancement of cell
phone service to expand coverage to more remote areas."
5. Special Management Area: The property is not located within the Special
Management Area and is over five (5) miles from the nearest coastline.
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E. Public Services and Facilities
1. Roadway Access: Access to the Facility will be from Kua`aina Road to an
unnamed access road running along the Southeast property line. Richard and Yvette Umiat own
the unnamed access road and the subject parcel. AT&T is proposing a 10' wide non-exclusive
access easement from the access road to the lease area. Access into the facility itselfwill be for
authorized personnel only. Parking will be inside the lease area. No public parking is required
or proposed for the site.
2.Water: Water is not required for the proposed use.
3.Wastewater: This use will not generate wastewater.
4.Utilities: Electrical and telephone services are available to the site.
5. Police/Fire Services: The nearest Police and Fire facilities are located in
Kea`au and Pahoa.
F. Alternative Sites
1. The Applicant considered two alternative sites but found these sites
unsuitable, as they were closer to the road, more visible than the selected site, and did not afford
the scope of line of sight provided by the selected property.
G. Effects on Public Welfare
1. At the February 6, 2020 and the March 5, 2020 public hearings, the public
testifiers, included residents of the adjacent properties to the proposed tower site and parents of
children that attend Kamehameha School Hawai`i Campus.
2. Throughout both hearings, the public testifiers displayed extreme
emotional duress because of the proposed tower site.
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IL CONCLUSIONS OF LAW
Based upon the foregoing findings of fact, the Planning Commission makes the following
Conclusions of Law, including mixed conclusions of fact and law:
A. In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits, requires that such action conform to the following
guidelines:
i. The granting of the proposed use shall be consistent with the general
purpose of the zoned district, the intent and purpose of the Zoning Code and the County General
Plan.
ii. The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial adverse impact to the community's character or to
surrounding properties; and
iii. The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school improvements, police and
fire protection and other related infrastructure.
B. The Planning Commission found the proposed tower site would be materially
detrimental to the public welfare because the site of the proposed tower has caused and will
continue to cause residents of adjacent properties and parents of students at Kamehameha School
extreme emotional duress.
C. To the extent that any of the Findings of Fact constitute Conclusions of Law, or
Conclusions of Law constitute Findings of Fact, they shall be considered and construed as such.
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III. DECISION AND ORDER
Base on the above Findings of Fact and Conclusions of Law, and the evidence presented
at and in connection with the hearings of February 6, 2020 and March 5, 2020,
IT IS HEREBY DECIDED AND ORDERED BY THE PLANNING COMMISSION that
the proposed 180-foot Tall Steel Monopine Tower and Related Improvements will be materially
detrimental to the public welfare. Therefore, Use Permit Application No. 19-000081 is hereby
DENIED.
DATED: Hilo, Hawaii,2020.
By
Thomas Raffipy, Chairman
Windward Planning Commission
County of Hawai`i
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