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HomeMy WebLinkAbout10_023County of Hawai'i WINDWARD PLANNING COMMISSION Aupuni Center.101 Pauahi Street,Suite 3 •Hilo,Hawai'i 96720 Phone (808)961-8288 •Fax (808)961-8742 January 31,2011 Ms.Maria Kolar Alii Wireless Specialists,LLC 45-955 Kamehameha Highway,Suite 308 Kaneohe,HI 96744 Dear Ms.Kolar: Use Pennit Application (USE 10-000023) Applicant:Crown Castle GT Company,LLC Request:To Allow Replacement ofan Existing III'Wood Monopole With a New 104'Steel Monopole and Related Improvements on 600 Square Feet OfLand Tax Map Key:9-5-007:016 The Windward Planning Commission at its duly held public hearing on January 6,2011,voted to approve the above-referenced request for a use pennit to allow the removal ofan existing Ill-foot tall telecommunication monopole and the construction of a 104-foot tall steel teleconnnunication monopole,antennas,and related improvements on a 600-square foot pOliion ofa larger 2,000+acre parcel situated in the County's Agricultural-zoned district.The project site is located approximately 1.5 miles south (makai)ofHighway 11 and Na'alehu Village, Kahilipali Nui,Ka'u,Hawai'i. Approval ofthis request is based on the following: The applicant is proposing to remove an existing Ill-foot tall wood monopole and replace it with a 104-foot tall steel monopole with 16 panel antennas (12 panels for Verizon Wireless and 4 panels for Sprint)and related improvements including a backup emergency generator and 6-foot high chain linle security fence on a 600 square-foot portion ofa 2,013-acre property within the County's Agricultural (A-20a)zoned district. Hawai 'j County is an Equal Opportwzity.Provider and Employer Ms.Maria Kolar Alii Wireless Specialists,LLC Page 2 The reason for the request is that the current existing teleconununication facility requires an upgrade to improve coverage between existing tower sites.Additionally,the replacement ofthe wood pole with a steel pole will provide a stronger,more storm resistant installation. Telecommunication towers and antelmas previously required a Special Pennit to operate within the State Land Use Agricultural District.In 2007,the State Legislature adopted Act 171 to allow the construction and operation ofwireless communication antelmas and towers as pennitted uses within the State Land Use Agricultural District.In 2010,the Hawai'i County Council approved Ordinance No.10-17 to require a Use Pemlit for telecommunication antelll1as and towers in the County's Agricultural zoned district. As the applicant is proposing to construct a new tower in the County's Agricultural (A-20a)zoned district to upgrade the facility,a Use Permit is required. In considering a Use Permit for any proposed use,Rule 7 of the Phuming 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 request 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 Piau.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 allows for telecommunication antelll1as and towers to be a permitted use within the County's Agricultural zoned district ifa Use Permit is approved by the Plalll1ing Commission. Ms.Maria Kolar Alii Wireless Specialists,LLC Page 3 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 fonn for areas within the County.The General Plan designation for this property is Extensive Agriculture,which includes lands not classified as ImpOliant Agricultural Land and includes lands that are not capable ofproducing sustained,high agricultural yields without the intensive application ofmodem fanning methods and technologies due to celiain physical constraints such as soil composition,slope,machine tillability and climate.Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category.Allowable uses within these areas,with a Use Pennit,may include telecommunication facilities that serve the residents in the area.The request is also consistent with the Public Utilities element of the General Plan. The telephone is an essential means ofvoice communication for the majority of residents in Hawaii County.However,over the last decade,the County has seen an acceleration in the development oftelecommunication technology and a transfonnation of the telecommunications industry.In addition to traditional phone communication,the telecommunications industry now includes technologies such as wireless cellular and digital mobile phones,the internet and World Wide Web. During the last decade,wireless telecommunications has experienced a dramatic decrease in cost and a phenomenal increase in availability.Changes in technology and competition in the industry have made wireless communication more affordable to the general public. Advances in telecommunications are not without cost or concerns.One such concern is the construction and location oftelecommunication towers. Telecommunication towers are the physical structures to which antennas are attached to facilitate wireless communication.Because ofthe need for a clear line-of-site, telecommunication towers are usually located in areas with minimum obstructions between the tower and its area ofservice.Line-of-site refers to the imaginary line between a mobile phone antenna and a telecommunication tower.Ifthere are impediments between the mobile phone antenna and the telecommunication tower,there may be signal degradation or signal loss.For example,the loss ofline-of-sight occurs when a person uses a mobile phone while driving through a tunnel.Most often, communication is lost or unclear.The line-of-sight requirement often necessitates the conspicuous location ofmany telecommunication towers.Consequently,the telecommunications tower is usually much taller than the surrounding structures or vegetation and may negatively impact the scenic nature of a given area. Ms.Maria Kolar Alii Wireless Specialists,LLC Page 4 A standard in the Public Utilities element ofthe General Plan states that in the development and placement oftelephone facilities,such as lines,telecommunications and cellular towers,poles,and substations,the design ofthe facilities shall consider the existing enviromnent,and scenic view and vistas shall be considered and preserved where possible.The proposed request will replace an existing tower in an area used primarily as pasture land.Additionally,the tower site is located on a small portion of an approximately 2,000-acre property and is located approximately 1 mile from the nearest urban zoned properties and approximately 1.5 miles from the nearest coastline,which will not significantly impact scenic vistas.While the 600 square-foot project site has the potential for agricultural uses,its small size would not place a burden upon the County's Agricultural Land Inventory.The public benefit to be gained by the installation ofthe proposed telecommunication tower will far outweigh the loss ofonly 600 square feet of agliculturalland.Therefore,approval ofthis request will not run contrary to the goals, policies and standards 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 project site is a 600 square-foot portion ofa large approximately 2,000-acre property.The majority ofthe property is used for pasture. There are several existing towers located on the property,including a 2l5-foot high tower approved under Special Permit No.1037 and a 100-foot high tower approved under Special Permit No.1217.The surrounding area is characteJized as pasture limds,and propeliies to the east and west are zoned A-20a and used for cattle grazing.To the north along Highway 11 are urban lands zoned RM-3,RS-lO,CV-7.5,CV-lO and Open.The nearest residence is located approximately 1 mile north in Naalehu.The proposed tower will not be painted because of its remote location.Due to the distance from the nearest urban areas,the tower will not impair mauka or makai view planes. The applicant held a community infOimational meeting on September 28,2009 at the Naalehu Elementary SchooL All owners within 500 feet ofthe property boundary were invited to attend.Questions were raised regarding site design,improvements in service,and construction timeline.Those in attendance identified the need for improved wireless service in the area for emergency purposes.Additionally,no objections or concerns were received from the community. Ms.Maria Kolar Alii Wireless Specialists,LLC Page 5 Therefore,it is not anticipated that the approval ofthe request will have a major uegative impact on the surrounding community.It is anticipated that the approval ofthe 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 burden public agencies to provide roads and st!'eets,sewer,water,drainage,school improvements, police and fire protection and other related infrastructure.As the telecormnunication tower will be an un-malmed 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 project site is via a 9-foot wide partially paved/graveled jeep road from Naalehu Spur Road and Highway II.Highway II is State owned and maintained road that has a 60-foot right-of-way with 20-foot wide pavement.Therefore,the requested use will not burden public agencies to provide additional services or infrastmcture. In addition to the criteria for granting a Use Permit,the request is not contmry to Chapter 205A,Hawai'i Revised Statutes,relating to Coastal Zone Management Area.The subject property is located over 1.5 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 alld open space resources,coastal ecosystems,alld beach or marine resources in the area.Thus,the proposed request will not adversely impact coastal resources.Additionally,there is no record ofa designated public access to the shoreline or mountain areas that traverses the property.No valued cultural,historical or natural resources exist on or near the project site,alld there is no evidence of any traditional and customary Native Hawaiian rights being practiced on or near the site. Therefore,no action is necessary to protect these rights. Lastly,the Department ofLand and Natural Resources-State Historic Preservation Division (DLNR-SHPD)issued a "no-effect"letter dated October 6,2009 stating that no historic properties will be affected by this undertaking because there are no known historic properties within or near the APE and because the area has been previously grubbed/graded for the extant facility. Based on the above,the request to constmct an unmaJmed,104-foot steel monopole,antemlas and related improvements is approved by the Windward Plarming Commission.Approval ofthis request is subject to the following conditions: I.The applicallt,successors or assigns shall comply with all ofthe stated conditions ofapproval. Ms.Maria Kolar Alii Wireless Specialists,LLC Page 6 2.Construction ofthe proposed development shall be completed within five (5) years from the effective date ofthis pemlit.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 and any fencing associated with the use.The antenna plans shall be stamped by a structural engineer. 3.Co-location of antennas on the tower shall be allowed within the parameters ofthe building height and envelope as represented. 4.Within one hundred and twenty (120)days ofthe permanent abandonment ofthe tower,the applicant shall remove the tower,antennas and accessory structures. The applicant shall provide written notification to the Plarming Director ofsuch removal. 5.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 ofLand and Natural ReSOUTces- 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 meaSUTes have been taken. 6.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. 7.An initial extension oftime for the performance ofconditions ofthe permit may be granted by the Plarming Director upon the following circumstances: 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. C.Granting ofthe extension would not be contrary to the original reasons for the granting ofthe permit. Ms.Maria Kolar Alii Wireless Specialists, LLC Page 7 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 perfol1ned 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 Plamling 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. Should you have any questions,please contact Daryn Arai of the Planning Department at 961-8288. Sincerely, Zendo Kern,Chail1nan Windward Plam1ing Commission LcrowncastieuselO·023 cc:Crown Castle GT Company LLC Department ofPublic Works Department ofWater Supply yountyReal Property Tax Division Avrr.Gilbert Bailado