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HomeMy WebLinkAbout10_020County of Hawai'i WINDWARD PLANNING COMMISSION Aupuni Center.101 Pauahi Street,Suite 3 • Hila,Hawai'i 96720 Phone (808)961-8288 • Fax (808) 961-8742 April 14,2010 Mr. Wayne China Cascadia PM, LLC 1130 North Nimitz Highway, Suite A-200 Honolulu,HI 96817 Dear Mr. China: Use Permit Application (USE 10-000020) Applicant: New Cingular Wireless PCS, LLC dba AT&T Mobility Request: To Allow the Development ofTelecommunication Antennas and Ground Equipment on an Existing Building in the Single-Family Residential (RS-IO)Zoned District Tax Map Key: 2-3-27:2 The Windward Planning Commission at its duly held public hearing on April I, 2010, voted to approve the above-referenced application to allow the construction ofa new telecommunication facility on the rooftop ofthe existing Hilo Medical Center building situated within the Single FamilyResidential-10,000 square feet (RS-I 0) district. The property is the site ofthe existing Hilo Medical Center complex located at 1190 Waianuenue Avenue,Piihonua,South Hilo, Hawai'i. Approval ofthis request is based on the following: The applicant is requesting a Use Permit to allow the construction ofa new telecommunication facility on the rooftop ofthe existing Hilo Medical Center building within the Single-Family Residential (RS-lO) zoned district.The improvements will include a total ofnine (9) 7-foot high panel antennas and up to 2 GPS antennas. The 9 panel antennas and the GPS antennas will be attached to the walls ofthe mechanical room. All transceiver equipment cabinets and ancillary equipment will be located within the rooftop mechanical room. The property's location will allow AT&T to provide wireless telephone coverage in the west (mauka) area ofHilo town which will be lost when AT&T's Hilo Lagoon Howai'i County is an Equal Opportunity Provider and Employer Mr.Wayne China Page 2 Centre antenna site is deactivated.The site is also at a higher elevation which will allow for the least amount ofcoverage obstruction and will be suitable for linkage to other wireless network facilities by line-of-sight,thus permitting wireless carriers such as AT&T to provide increased coverage through its island-wide system. Lastly, the site will also provide public safety E-911 service. In considering a Use Permit for any proposed use,Rule 7 ofthe Planning Connnission 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 connnunity'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 ofthe proposed use shall be consistent with the general purpose ofthe zoned district,the intent and purpose ofthe Zoniug 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.According to the Zoning Code,Single Family Residential districts "provide for lower or low and medium density residential use, for urban and suburban family life.It appliesto areashavingfacilities,andto carryoutthe abovestated purpose." Within the Zoning Code,telecommunication antennas and towers can be permitted within a Single-FamilyResidential zoned district if a Use Permit is approved for the use by the Planning Commission. The Land Use Pattern Allocation Guide (LUPAG) Map component ofthe General Plan is a representation ofthe 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 Mr. Wayne China Page 3 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 complements and is consistent with the Land Use, Economic, and Public Utilities elements ofthe General Plan.Based on the above, the request is consistent with the general purpose ofthe zoned district, the intent and purpose ofthe Zoning Code and the County General Plan. 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.The property is the location ofthe Hilo Medical Center complex, which is situated along the north side ofthe Waianuenue Avenue just west of Rainbow falls.Surrounding properties are zoned RS-IO, RS-15, Open and A-20a. The surrounding uses in the immediate area are mainly medical facilities. The Kaiser Permanente facility is located to the west. The Hale Anuenue Restorative Care facility, Veteran Affairs Office and parking area for the hospital are located across Waianuenue Avenue to the south. The Yukio Okutsu Veterans Home and the Hilo Dialysis facility are located on the same property to the east ofHilo Medical Center. Wailulcu River borders the property to the north and further north are larger agricultural properties. The surrounding properties are mainly used for medical facilities. There are residential properties located further east and west, but the antennas should not have a substantial negative impact to their viewplanes. Additionally, the antennas will be painted the same color to match the existing building to further minimize any visual impact ofthe antennas to surrounding properties. The proposed facility will be developed entirely upon an existing structure and there will be no new ground disturbance or displacement ofexisting vegetation.There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence ofany known valued cultural, historical or native resources on the property. The Department ofLand and Natural Resources - State Historic Preservation Division has issued a no-effect letter dated January 30,2009 stating that they concur that there will be no effect to historic properties. Based on the above, it is not anticipated that the approval ofthe telecommunication antennas will have a major negative impact in the community. The granting of the proposed use will not unreasonably burden public agencies to provide roads and streets,sewer,water,drainage,school improvements, police and fire protection and other related infrastructure.Water and sewer are not needed for the antennas. Only electricity is required for the requested use, which is available to the project site. Access to the project site is proposed to be from Waianuenue Mr. Wayne China Page 4 Avenne,which is a Connty owned and maintained roadway with an approximate 22-foot pavement within a 60-foot wide right-of-way.Therefore,the requested use will not burden public agencies to provide additional services. Based on the above, the request to allow the construction ofa new telecommunication facility on the rooftop ofthe existing Hilo Medical Center building within the Single-Family Residential (RS-IO) zoned district is approved by the Windward 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 this 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. The antenna plans shall be stamped by a structural engineer. 3.Co-location or any expansion ofthe antennas shall be allowed on the rooftop of the existing Hilo Medical Center. 4.Within 120 days ofthe permanent abandonment ofthe antennas,the applicant shall remove the antennas and accessory structnres.The applicant shall provide written notification to the Planning Director ofsuch removal. 5. The applicant shall comply with all applicable County,State and Federal laws, rules,regulations and requirements,including the Federal Aviation Administration and the Federal Communications Commission. 6.An initial extension oftime for the performance ofconditions ofthe permit may be granted by the Planning Director upon the following circnmstances: A.Non-performance is the result ofconditions 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. Mr.Wayne China Page 5 C.Granting ofthe extension would not be contrary to the original reasons for the granting ofthe permit, D. The time extension granted shall be for a period not to exceed the period originally granted for perforrnance (i.e., a condition to be performed within one year may be extended for up to one additional year). 7.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 snbject to change given specific code and regulatory requirements ofthe affected agencies, Should you have any questions,please contact the Planning Department at 961-8288. Sincerely,~tJG v ve ..( Rell Woodward,Chairman Windward Planning Commission LnewcingularuselO-000020PC cc:Hawai'i Health Systems Corporation AT &T Mobility Department ofPublic Works Department ofWater Supply County Real Property Tax Division Mr.Gilbert Bailado /