HomeMy WebLinkAbout10_022DEC 0 B 2010
Ms. Debbie Wong
NSA Wireless Inc_
P_O. Box 1146
Pearl City, HI 96782
Dear Ms. Wong:
County of Hawai'i
WINDWARD PLANNING COMMISSION
Aupuni Center 0 101 Pauahi Street, Suite 3 • Hila, Hawai'i 96720
Phone (808) 961-8288 • Fax (808) 961-8742
Use Pennit Application (USE 10-000022)
Applicant: Sprint Nextel Hawaii
Request: To Allow Installation of Nine Panel Autennas on an Existing Light Pole
Aud Associated Equipment at Pahala County Ball Park
Tax Map Key: 9-6-005:039
The Windward Planning Commission at its duly held public hearing on November 10,2010,
voted to approve the above-referenced request for the installation of panel antennas on an
existing 100-foot light pole along with its associated ground equipment on approxillfately 525
square feet of land within the County's Pahala Ball Park. The project site is situated within the
southeastern comer ofthe Pahala Ball Park near the intersection of Pakalana and Huapala Streets
in Pahala Village, Makaka-Pii'au'au, Ka'il, Hawai'i.
Approval of this request is based on the following:
The applicant is requesting a Use Pennit to install nine (9) panel
telecommunications antennas on one of the existing 100-foot tall light poles at the
County's Pahala Ball Parle. The antenna array will consist of three (3) sectors of antennas
with three (3) antennas per sector for a total of nine (9) antennas. One GPS whip antenna
will also be located on the pole at the same height as the antelma array. Associated
equipment will be contained within an approximately 24'9" by 21' fenced area on the
ground and will include but not be limited to a back-up generator on an approximately
60-square foot concrete pad and two outdoor equipment cabinets on an approximately 98-
square foot concrete pad. A sound-attenuated.enclosure will surround the back-up
generator. The facility will be un-manned but will require periodic maintenance_
Hawai'i County is an Equal Opportunity Provider and Employer
Ms. Debbie Wong
Page 2
In considering a Use Pennit for any proposed use, Rule 7 of the Planning
Commission relating to Use Pennits requires that such action confonn to the following
guidelines:
A. The granting of the proposed use shall be consistent with the general
putpose ofthe zoned district, the intent and purpose ofthe Zoning Code
and the County General Plan;
B. 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
C. 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 infrastructnre.
The proposed nse meets the guidelines for approval of a Use Pennit, for the
reasons ontlined below:
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. The Use Pennit process provides an avenue to review a proposed project
on a case-by-case basis relative to infrastructnre and impacts on surrounding properties
and existing uses, and to ensnre consistency with the goals and polices ofthe General
Plan. According to the Zoning Code, Single Family Residential zoned distri~ts "provide
for lower or low and medium density residential use, for nrban and subnrban family life."
A teleconnnunication antenna or tower may be pennitted in the RS-zoned district if a
use pennit is obtained for such use. Where there is an existing telecommunication tower,
co-location of additional antenna or equipment will be pennitted provided the director has
issued plan approval for such use. In this case, a Use Pennit is required because the
applicant is proposing to install antennas on an existing light pole rather than an existing
telecommunication tower.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation ofthe docutnent's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUP AG Map establishes the basic urban
and non-nrban fonn 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 Pennit, may include telecommunication
Ms. Debbie Wong
Page 3
facilities that serve the residents in the area. Based on the above, the request is consistent
with the general purpose of the zoned district, the intent and purpose ofthe Zoning Code
and the County General Plan.
The granting of the proposed use shall not be materially detrimental to the
public welfare nor canse substantial, adverse impact to the community's character
or to surroundiug properties. The project site is located on a 6.442-acre parcel used by
the adjacent schools and general public as play fields. Surrounding properties are zoned
RS-IO, RS-IS and Open and consist of play fields to the north, the Ka'il High School and
Pahala Elementary School campuses to the east, and single-family residences to the west
and south. The proposed antennas will be attached to an existing 100-foot taillight pole'
and thus will not change the character of the area. An intermittent buffer of trees is
located between the project site and nearby homes to the south. A back-up generator will
be located on the ground near the light pole and will be surrounded by sound-attenuated
material to reduce noise. Therefore, it is not anticipated that the approval ofthe request
will have a negative impact on the community's character or surrounding properties.
The granting of the proposed use will not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, school improvements,
police aud fire protection and other related infrastructure. As the telecommunication
facility will be un-manned and require only periodic maintenance, infrastructure and
services such as water, sewer, telephone, police and fire will not be required. Electricity
services are available to the site. The project site can be accessed from a parking lot at
the end of Hapu Street, which is a County roadway. According to the applicant, an access
easement from the entrance of the Pahala Ball Park to the project site will be'secured
from the landowner. Therefore, the proposed use will not burden public agencies to
provide additional services or infrastructure.
The proposed request will not have a significant adverse impact to traditional and
customary Hawaiian Rights as the site has been developed since the early 1970's with
play fields associated with the County's Pahala Ball Park.
Based on the above, the request to install telecommunication antennas on an existing 100-foot
taillight pole and associated ground equipment within the Single-Family Residential (RS-I 0)
zoned district is approved by the Windward Planning Commission.
Approval of this request is subject to the following conditions:
I. The applicant, successors or assigns shall comply with all of the stated conditions
of approval.
Ms. Debbie Wong
Page 4
2. Construction of the proposed development shall be completed within five (5)
years fi'om the effective date of this permit. Prior to constmction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed
development from the Plauuing Director in accordance with Chapter 25 (Zoning
Code), Hawai'i County Code. The antelma plans shall be stamped by a structural
engmeer.
3. Within one hundred and twenty (120) days of the permanent abaudonment of the
antelmas, the applicaut shall remove the antel1l1as and accessory structures. The
applicaut shall provide written notification to the Planning Director of such
removal.
4. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations aud requirements, including the Federal Aviation
Administration aud Federal COl1Ununications Commission.
5. An initial extension of time for the performauce of conditions of the pennit may
be granted by the Plal1l1ing Director upon the following circumstauces:
A. Non-performauce is the result of conditions that could not have been
foreseen or are beyond the control of the applicaut, successors or assigns,
aud that are not the result oftheir fault or negligence.
B. Grauting of the time extension would not be contrary to the General PIau
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 grauted for performauce (i.e., a condition to be performed within
one year may be extended for up to one additional year).
Should auy ofthe conditions not be met or substantially complied with in a timely
mal1l1er, the Plauuing Director may initiate the revocation of the permit.
Tlus approval does not, however, sanction the specific plans submitted with the application as
they may be subj ect to change given specific code aud regulatory requirements of the affected
agencIes.
Ms. Debbie Wong
Page 5
Should you have any questions, please contact Daryn Arai of the Planning Department at
961-8288.
Sincerely,
,~u~-!
ReIl Woodward, Chairman
Windward Phuming Commission
Lsprintuse 1 0-000022wwpc
cc: Deparhnent of Public Works
Department of Water Supply
County Real Property Tax Division
Mr. Gilbert Bailado /