HomeMy WebLinkAboutItem #5 WPC PROPOSED FOF, COL AND D&O (USE 19-082)BEFORE THE COUNTY OF HAWAII
WINDWARD PLANNING COMMISSION
Application of Use Permit No. 19-000082
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) 1-5-023:040 PERMIT APPLICATION NO. 19-000082
PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW,DECISION AND
ORDER FOR DENIAL OF USE PERMIT APPLICATION NO. 19-000082
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 105-foot tall monopole and related equipment located northeast of Maku`u Drive-17th
Avenue intersection in Hawaiian Paradise Park Subdivision, Kea'au, Puna, Hawai`i, TMK: (3) 1-
5-023:040 ("Application"). The Windward Planning Commission of the County of Hawaii
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 5, 2019, the applicant filed an application, which included
thirteen (13) attachments, with the County of Hawaii Planning Department("Department").
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2. On November 27, 2019, the Department accepted the Application for
processing.
3. By memorandum dated December 6, 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), Real Property Tax, 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, the U.S. Fish and Wildlife Service, and the Hawaiian Paradise Park Community
Association.
4. In December 2019 and January 2020, the Department received comments
on the Application from the County of Hawai`i Department of Public Works Engineering
Division, State Department of Health, and U.S. Fish and Wildlife Service. 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, Hawaii.
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 ofthe Application from Crystal Schiszler, Fred Kalaukoa, Kevin Reinke, Albert
Schiszler, Jaerick Medeiros-Garcia, and Jose Romero.
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9. On February 6, 2020, the Commission continued the hearing to the March
5, 2020.
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 Jose Romero, Barry Gingold, Ryoko Osaka, Delbert Grace, Sariah
Evans, Kevin Malmgren, Barbara Hoglund, Fred Kalaukoa, Albert Schiszler, and Jaerick
Medeiros-Garcia.
13. On March 5, 2020, the Commission moved and seconded that the
application for Use Permit Docket No. Use 19-000082 be denied based on a playground, parking
lot, and basketball court being located within the fall-radius of the 105-foot telecommunications
tower and the Applicant failed to show proper legal access to the property.
B. Proposed Project
1. The applicant requested a Use Permit to allow the construction of a new,
non-manned telecommunication facility, which includes 100-foot tall self-supporting monopine
tower(105-foot tall with branches) and antenna array for AT&T consisting of three (3) sectors
with four(4) 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. The tower will be painted pine green and designed to
blend with surrounding character or the rural subdivision.
2. In addition to the tower and antennas, the 1,054-square foot(34' x 31')
leased area would be used for accessory ground facilities located within an enclosed pre-
fabricated 8' x 16' walk-in cabinet shelter. The leased area will be enclosed with a 6-foot high
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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.
3. The proposed facility would be unmanned, and maintenance and repair
activities will be performed by a technician on a periodic basis, typically once a month within
normal working hours.
C. Description ofProperty and Surrounding Areas
1. The property is rectangular in shape and sits at an elevation of 165 feet.
2.The 20-acre property structures includes the HPP Association office
building, a meeting hall/community center building ("Community Center"), and accessory
buildings, which were permitted with Special Permit No. 78-309 in 1978. These structures and
the proposed facility are situated in the front of the property closest to Maku`u Drive.
3. The rear half of the lot is heavily vegetated with non-native trees and
shrubs.
4. The property has driveways from 16th Avenue, Maku`u Drive and 17th
Avenue.
5. The proposed facility is about 208 feet from the Community Center.
6. Also located at the front of the property is a playground, parking lot, and
basketball court.
7. The basketball court is between the Community Center and proposed
facility.
8. The playground and parking lot are located in front of the Community
Center on the 17th Avenue side of the building.
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9. The playground, parking lot, and basketball court are located within the
fall-radius of the 105-foot telecommunications towers.
10. Surrounding Zoning/Land Uses: Surrounding properties within the
subdivision are zoned A-la and are developed with single-family dwellings or vacant. The
closest dwelling is located about 235 feet southwest of the lease area.
11. Flood Zone: The subject property is Zone X, which is an area determined
to be outside the 500-year floodplain.
12. Agricultural Lands ofImportance to the State ofHawaii(ALISH):
Unclassified.
13. Land Study Bureau's Detailed Land Classification System: "E" or
Very Poor" soils.
14. U.S.D.A. Soil Survey: Pahoehoe lava flows (rLW), which has no soil
covering and is typically bare of vegetation except for `ohi`a trees, lichens and mosses.
15. Flora/Fauna Resources: A biological screening report of the property
was conducted by ACE Environmental in May 2019. The report determined that the biological
resources of the area have been altered by development and that no threatened or endangered
species were found on the property. Three indigenous species were found on the property:
whiskfern moa,Nephrolepis cordifolia fern and hala trees. Additionally, in a memo dated
January 6, 2020, the US Fish and Wildlife Service it is possible that the endangered Hawaiian
hoary bat may roost or nest in woody plants and trees on the property or in the area due to the tall
trees throughout the subdivision, and seabirds may transit the project area flying to upland
breeding colonies. The US Fish and Wildlife service recommended several measures to avoid or
minimize project impact to these species.
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16. Archaeological/Historical/Cultural Resources: A cultural resources
review and field inspection was completed by ACE Environmental in May 2019 and found no
historic properties in the lease area. The Department of Land and Natural Resources-State
Historic Preservation Division (SHPD) concurred with this determination in a letter dated
September 4, 2019 (See Attachment 11 of Application).
17. 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. The surrounding properties within the subdivision are heavily vegetated with
medium to tall non-native trees, which blocks views of these mountains. Additionally, the
proposed telecommunication tower will be painted to blend in with the surrounding landscape,
which will lessen any adverse visual impacts on surrounding properties.
18. Public Access: There is no 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:Rural.
3. County Zoning: Open.
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 located about two (2) miles from the nearest coastline.
E. Public Services and Facilities
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1. Roadway Access: Access to facility will be from 17th Avenue, a private
road that is maintained by the Hawaiian Paradise Park Community Association. It is a two-lane
gravel road with grass shoulders within a 40-foot right-of-way. A 12-foot wide driveway will
lead from 17th Avenue to the lease area.
2.Water: The proposed use does not require water.
3.Wastewater: This use will not generate wastewater.
4.Utilities: Electrical and telephone services are available to the site.
5. Essential Utilities and Services: All essential utilities are available to the
subject property. Police and Fire are available are about five (5) miles away in Pahoa.
F. Alternative Sites
1. The Applicant considered three alternative sites but these sites did not
have available antenna space at the required height to satisfy FirstNet requirements.
II. CONCLUSIONS OF LAW
Based upon the foregoing findings of fact, the 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:
1. 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.
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2. 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
3. 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 Commission found the proposed tower site is materially detrimental to public
welfare because of the falling risk of the tower, which could damage life and property, due to the
proposed tower site's close proximity to a frequently used playground, parking lot, and
basketball court on the property.
C. The Commission also found that the Applicant failed to show it had legal access
to the property
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
proposed tower site is materially detrimental to the public welfare and that the Applicant failed
to show legal access to the property with regard to the proposed 105-foot Tall Steel Monopine
Tower and Related Improvements. Therefore, Use Permit Application No. 19-000082 is hereby
DENIED.
DATED: Hilo, Hawaii,2020.
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By
Thomas Raffipy, Chairman
Windward Planning Commission
County of Hawaii
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