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Home My WebLink About09_017County of Hawai'i PLANNING COMMISSION Aupuni Center.101 PauahiStreet,Suite 3 • Hila, Hawai'i 96720 Phone (808)961-8288 • Fax(808)961-8742 February 23,2010 Ms. Laurie Ann Chan Avalon Development Company 841 Bishop Street, Suite 1601 Honolulu,HI 96813 Dear Ms. Chan: Use Permit Application (USE 09-000017) Applicant:T-Mobile West Corporation Request:Construction of an Unmanned ISO-Foot Telecommunication Tower With Related Equipment on 2,500 Square Feet ofLand Tax Map Key: 1-4-49:41 The Windward Planning Commission at its duly held public hearing on February 5, 2010, voted to approve the above-referenced application to allow the construction ofa ISO-foot telecommunication tower and related improvements on 2,500 square feet ofland within the County's Single-Family Residential (RS-lO) zoned district. The property is located at the northeast corner ofthe Kehau Road and Tutu Lane intersection,Nanawale Estates Subdivision, Unit I,Pu'ua,Puna,Hawaii. Approval ofthis request is based on the following: The applicant is requesting a Use Permit to allow the construction ofa ISO-foot tall telecommunication tower and related equipment within a 2,SOO-square foot area of a l.S98-acre parcel.Antennas on the tower will include the applicant's antenna array, consisting oftwelve panel antennas and one E-911 GPS antenna,as well as sufficient space for up to five additional future telecommunication carriers to ro-Iocate.Related equipment will include four equipment cabinets and a backup generator on two raised concrete pads enclosed by a 6-foot high chain link fence.The equipment will be maintained and inspected by a technician about once a month during normal working hours. The purpose ofthe proposed facility is to provide expanded wireless phone service to a significant portion ofNanawale Estates and Hawaiian Beaches by bridging the coverage gap between existing towers near the geothermal plant, the town ofPahoa and Ainaloa Subdivision.The proposed site will expand coverage east towards the ocean and provide better in-car and in-building coverage to its users. Hawai'i County is an Equal Opportunity Provider and Employer Ms. Laurie Ann Chan Page 2 In considering a Use Permit for any proposed use, Rule 7 ofthe Planning Commission relating to Use Permits, requires that such action conform to the following guidelines: A. The granting ofthe proposed use shall be consistent with the general purpose ofthe zoned district, the intent and purpose ofthe Zoning Code and the County General Plan; B. The granting ofthe 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 C. The granting ofthe 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. The proposed use meets the guidelines for approval ofa Use Permit, for the reasons outlined below: The granting of the proposed use shall be consistent with the general purpose of the zoning district,the intent and purpose of the Zoning Code and the County General Plan.The Use Permit process provides an avenue to review and analyze a proposed project on a case-by-case basis relative to infrastructure and impacts on surrounding properties and existing uses, as well as consistency with the goals and polices ofthe General Plan. The Zoning Code states that Single-Family Residential districts "provide for lower or low and medium density residential use, for urban and suburban family life."Additionally,telecommunication antennas and towers can be permitted within a Single-Family Residential zoned district ifa Use Permit is approved by the Planning Commission. The Land Use Pattern Allocation Guide (LUPAG) Map component ofthe General Plan is a representation of the document's goals and policies to guide the coordinated growth and development ofthe County.It reflects a graphic depiction ofthe physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The General Plan designation for this property is Low Density Urban, which allows for single-family residential uses,ancillary community and public uses, and neighborhood and convenience-type commercial uses. Allowable uses within these areas, with a Use Permit, may include telecommunication facilities that serve the residents in the area. The request is also consistent with the Public Utilities element ofthe General Plan and the Public Safety goal ofthe Puna Community Development Plan, which is to encourage the enhancement ofcell phone service to Ms. Laurie Ann Chan Page 3 expand coverage to more remote areas.Based on the above,the request is consistent with the general purpose ofthe zoned district, the intent and purpose ofthe Zoning Code, the County General Plan and the Puna Community Development Plan. 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.The project site is located on a parcel used for non- residential purposes,adjacent to the Nanawale Community Center. The surrounding area is zoned RS-I0 and characterized by mostly vacant parcels with a few single-family residences located west of Kehau Road. The proposed location was selected over a site on the north end ofthe subdivision based upon input provided by the community at a meeting held by the applicant at the Nanawale community longhouse on June 10,2009. The proposed tower will be visible from adjacent properties when viewed from the north, east and west, but will be partially screened by a row oftrees when viewed from the south. Ground equipment will be screened from public view by a 6-foot high chain link fence with privacy slats. The tower, antennas,visible cables and mounting hardware will be painted a non-reflective earth tone to blend in with the surrounding landscape in order to further minimize the visual impact ofthe structure on surrounding properties. Therefore,it is not anticipated that the approval ofthe request will have a major negative impact on the surrounding community.Additionally,it is anticipated that the approval of the telecommunication tower will be beneficial to the community as it will provide increased cell phone coverage in the area and will be a significant resource for emergency services. The granting ofthe proposed use will not unreasonably bnrden public agencies to provide roads and streets,sewer,water,drainage,school improvemeuts, police and fire protection and other related infrastructnre.As the telecommunication tower will be an un-manned facility,infrastructure and services such as water, sewer, police and fire will not be required.Electricity and telephone services are available to the site.Access to the site is via a gravel access easement on the subject property from Kehau Road, which is a paved roadway in excellent condition that is owned and maintained by the community association.Therefore,the requested use will not burden public agencies to provide additional services or infrastructure. In addition to the criteria for granting a Use Permit,the request is not contrary to Chapter 205A,Hawai'i Revised Statutes,relating to Coastal Zone Management Area.The subject property is located over 4 miles to the nearest shoreline and is not located in the Special Management Area, and therefore will not be impacted by coastal hazards and beach erosion. There are no identified coastal recreational resources, coastal scenic and open space resources, coastal ecosystems,and beach or marine resources in the area. Thus, the proposed request will not adversely impact coastal Ms. Laurie Ann Chan Page 4 resources.Additionally,there is no record ofa designated public access to the shoreline or mountain areas that traverses the property.According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Therefore, no action is necessary to protect these rights. Based on the above, this request is approved by the Planning Commission subject to the following conditions: 1.The applicant,successors or assigns shall comply with all ofthe stated conditions of approval. 2.Construction ofthe proposed development shall be completed within five (5) years from the effective date ofthis permit.Prior to construction,the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-71(c)(3),25-2-72, 25-2-74 and 25-4-12,Chapter 25 (Zoning Code),Hawai'i County Code. Plans shall identify proposed structures,fire protection measures, access easements,parking areas and any fencing associated with the use. The antenna plans shall be stamped by a structural engineer. 3. The applicant shall paint the tower and antennas,including future co-location antennas, a color that will best blend the tower and antennas with their immediate surroundings.Prior to Plan Approval, the applicant shall submit a photo- simulation ofthe site with the proposed tower and color to the Planning Director for review and approval ofthe color choice. 4. All exterior lighting shall be shielded. 5.Co-location ofantennas on the tower shall be allowed within the parameters ofthe building height and envelope as represented. 6. Should any remains ofhistoric sites, such as rock walls, terraces, platforms, marine sell concentrations or human burials be encountered,work in the immediate area shall cease and the Department of Land and Natural Resources- Historic Preservation Division (DLNR-SHPD)shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- SHPD when it finds that sufficient mitigative measures have been taken. 7. Within one hundred and twenty (120) days ofthe permanent abandonment ofthe tower, the applicant shall remove the tower, antennas and accessory structures. Ms. Laurie Ann Chan Page 5 The applicant shall provide written notification to the Planning Director ofsuch removal. 8. The applicant shall comply with all applicable County,State and Federal laws, rules,regulations and requirements,including the Federal Aviation Administration and Federal Communications Commission. 9. An initial extension oftime for the performance of conditions ofthe permit may be granted by the Planning Director upon the following circumstances: A.Non-performance is the result of conditions that could not have been foreseen or are beyond the control ofthe applicant,successors or assigns, and that are not the result oftheir fault or negligence. B.Granting ofthe time extension would not be contrary to the General Plan or the Zoning Code. C.Granting of the extension would not be contrary to the original reasons for the granting of the permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). Should any ofthe conditions not be met or substantially complied with in a timely manner,the Planning Director may initiate the revocation ofthe permit. This approval does not,however,sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements ofthe affected agencies. Ms. Laurie AIm Chan Page 6 Should you have any questions,please contact the Planning Department at 961-8288. Sincerely, ~W' !,,/,~;J ,/j/ 1'/'1 u{../2"dY' Rell Woodward,Chairman Windward Planning Commission Ltmobileuse09-000017PC cc:T.Mobile West Corporation Department ofPublic Works Department ofWater Supply County Real Property Tax Division Mr.Gilbert Bailado / ,