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HomeMy WebLinkAbout10_024County 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 Mr.Carl Young Coral Wireless,LLC dba Mobi PCS 733 Bishop Street #1200 Honolulu,HI 96813 Dear Mr.Young: Use Permit Application (USE 10-000024) Applicant:Coral Wireless,LLC dba Mobi PCS Request:80-Foot Tall Monopole Telecommunication Tower With 6-Foot Tall Panel Antennas and Related Improvements Tax Map Key:3-6-004:007 The Windward Planning Commission at its duly held public hearing on January 6,2011,voted to approve the above-referenced request for a use permit to allow the construction ofan 80-foot tall telecommunication monopole with 6-foot tall panel antennas and related facilities on an approximate 200-square foot portion ofa 21.03-acre parcel situated in the State Land Use Agricultural District.The property is located in Waipunalei,approximately one mile north ofthe town ofLaupiihoehoe,North Hilo,Hawai'i. Approval ofthis request is based on the following: The applicant is requesting to construct an 80-foot tall monopole with nine (9)6- foot antennas mounted on top ofthe pole.The pole would be designed to accommodate the placement ofanother antenna platform for another carrier.In addition to the monopole,the applicant is requesting to utilize a 200 square-foot (20'x 10')area to be used for accessory ground facilities to house Mobi's radio equipment,which will be fenced with a 6-foot high chain link fence.The reason for the request is that the applicant is trying to increase its delivery to this rural area. Telecommunication towers and antennas previously required a Special Permit to operate within the State Land Use Agricultutal District.In 2007,the State Legislature Hawai'i County is an Equal Opportunity Provider and Employer Mr.Carl Young Coral Wireless,LLC dba Mobi PCS Page 2 adopted Act 171 to allow the construction and operation ofwireless communication antennas and towers as permitted uses within the State Land Use Agricultural District.In 2010,the Hawai'i County Council approved Ordinance No.10-17 to require a Use Permit for telecommunication antennas 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,a Use Permit is required. 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 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 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 allows for telecommunication antennas and towers to be a permitted use within the County's Agricultural zoned district if a Use Permit is approved 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 property is Important Agriculture Land,whi.ch is those lands with better potential for Mr.Carl Young Coral Wireless,LLC dba Mobi PCS Page 3 sustained high agricultural yields because ofsoil type,climate,topography,or other factors.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. The telephone is an essential means ofvoice communication for the majority of residents in Hawai'i County.However,over the last decade,the County has seen acceleration in the development oftelecommunication technology and a transformation 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 ofa given area. 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 be located next to an existing 80-foot monopole. Additionally,the tower site is located on a small portion ofan approximately 21-acre property near a stand ofironwood trees,which will not significantly impact scenic vistas. While the 200 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 Mr.Carl Young Coral Wireless,LLC dba Mobi PCS Page 4 public benefit to be gained by the installation ofthe proposed telecommunication tower will far outweigh the loss ofonly 200 square feet of agricultural land.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 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 a 200 square-foot portion of an approximately 21-acre property.It is located on the makai side ofthe Mamalahoa Highway,near the north end ofthe Laupahoehoe Gulch,approximately I mile north of the town ofLaupahoehoe.Portions ofthe site were formerly used by the Hamakua Sugar Company for its sugar cane operations.Currently,there is a single-family dwelling,a metal storage building and an existing SO-foot monopole constructed on the property. There are some scattered residences mauka and generally north ofthe site.The former plantation village ofWaipunalei is located approximately 2,000 feet north of the site.As such,the existing ambiance is generally very low density and pastoral in nature.Lands surrounding the property are zoned A-20a and A-Ia. The applicant held a presentation before the North Hilo Community Association on May 15,2009.According to the applicant,there were no concems raised about the installation.Additionally,no objections or concems were received from the community after the applicant sent the notification to surrounding property owners. Therefore,it is not anticipated that the approval ofthe request will have a maj or negative 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 streets,sewer,water,drainage,school improvements, police and fire protection and other related infrastructure.The desired use shall not unreasonably burden public agencies to provide roads and streets,sewers,water, drainage,school improvements,and police and fire protection.Only electrical and telephone services are required for the use and they are already available to the property. Access to the project site is from Mamalahoa Highway,which is a State-owned road that has a right-of-way of 100+feet in this area.The pavement width is approximately 24 feet,with 4 to 6 foot wide,grassed/graveled shoulders.As traffic is anticipated to be minimal,the access to the site on the propet}:y is adequate.Fire and police services are Mr.Carl Young Coral Wireless,LLC dba Mobi PCS PageS available to the project area.Finally,the applicant will meet all applicable agency requirements,including the Federal Communications Commission and the Federal Aviation Administration. In addition to the criteria for granting a Use Permit,the request is not contrary to Chapter 20SA,Hawai'i Revised Statutes,relating to Coastal Zone Management Area.The subject property is located approximately 1,000 feet to the nearest shoreline and is 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 resources.Additionally,there is no record ofa designated public access to the shoreline or mountain areas that traverses the property. Mamala Heiau is located on the subject property.As such,a condition of approval will be added to require the applicant to work with the landowner to make appropriate access accommodations should there be legitimate access claims to the Mamala Heiau by native Hawaiians for the purpose ofexercising native Hawaiian cultural or religious practices. Lastly,the Department ofLand and Natural Resources-State Historic Preservation Division (DLNR-SHPD)issued a "no-effect"letter dated May27,2009 stating that they concur that "no historic properties will be affected by this undertaking"as previous grubbing/grading has altered the land.The area ofthe proposed tower has been fully improved andlor disturbed and the distance between the archaeological features,"Mamala Heiau"and an earth cut which has been interpreted as either a railway cut or a sugar cane transport cut,and the proposed tower is approximately 150 feet. Based on the above,the request to construct an unmanned,80-foot monopole,antennas and related improvements is approved by the Windward Planning Commission.Approval ofthis request is subject to the following conditions.Further,should any ofthe conditions not be met or substantially complied with in a timely fashion,the Director may initiate procedures to revoke the permit: 1.The applicant,its successors or assigns shall be responsible for complying with all stated conditions ofapproval. 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 Mr.Carl Young Coral Wireless,LLC dba Mobi PCS Page 6 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.Because the visual effects are mitigated by existing vegetation and existing trees, the existing vegetation and existing trees within 100 feet of the tower shall be retained on the applicant's property. 4.Co-location or any expansion ofthe tower and related facilities within the project site may be allowed within the parameters ofthe tower height and envelope as approved by the Planning Commission. 5.Within 120 days ofthe permanent abandonment ofthe tower,the applicant shall remove the tower and its antenna and accessory structures (including the equipment building and the fence),down to,but not including,the concrete foundation.The applicant shall immediately provide written notification to the Planning Director ofthe termination ofthe telecommunication tower and related improvements and the removal ofall structures. 6.Should any unidentified sites or remains such as lava tubes,artifacts,shell,bone, or charcoal deposits,human burials,rock or coral alignments,pavings,or walls be encountered,work in the immediate area shall cease and the Department ofLand and Natural Resources-Historic Preservation Division (DLNR-HPD)shall be immediately notified.Subsequent work shall proceed upon an archaeological clearance from the DLNR-HPD when it finds that sufficient mitigative measures have been taken. 7.Should there be legitimate access claims to the Mamala Heiau by native Hawaiians for the purpose ofexercising native Hawaiian cultural or religious practices,the applicant will work with the landowner to make appropriate access accommodations. 8.Comply with all applicable rules,regulations and requirements ofthe affected agencies for the proposed development,including the Federal Aviation Administration and Federal Communications Commission. 9.An initial extension oftime for the performance ofconditions ofthe permit may be granted by the Planning Director upon the following circumstances: Mr.Carl Young Coral Wireless,LLC dba Mobi PCS Page 7 A.Non-perfonnance 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 ofthe extension would not be contrary to the original reasons for the granting ofthe penni!. D.The time extension granted shall be for a period not to exceed the period originally granted for perfonnance (i.e.,a condition to be perfonned within one year may be extended for up to one additional year). 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 ofthe Planning Department at 961-8288. Sincerely, Zendo Kern,Chainnan Windward Planning Commission Lcrowncastleuse10-023 cc:Edmund and Terry Broda Department ofPublic Works Department ofWater Supply County Real Property Tax Division pLNR-HPDVMr.Gilbert Bailado