HomeMy WebLinkAbout11-030County of Hawai'i
LEEWARD PLANNING COMMISSION
Aupuni Center.101 Pauahi Street,Suite 3 •Hilo,Hawai'i 96720
Phone(808)961-8288 •Fax(808)961-8742
JUl S1 2013
Mr.Les Young
RealCom Associates,LLC
1506 Ala Mahamoe Street
Honolulu,HI 96819
Dear Mr.Young:
Use Pennit Application (USE 11-000030)
Applicant:Cellco Partnership dba Verizon Wireless
Request:To Allow the Construction ofa 114-Foot Monopole and Related
Improvements on a 900-Square Foot Portion ofa 3.592 Acre Property
Tax Map Key:8-7-010:013
The Leeward Planning Commission,at its duly held public hearing on June 20,2013,voted to
approve the above-referenced request to construct a 114-foot tall steel telecommunication
monopole with 8-foot tall panel antennas and related facilities on a 900 square foot portion ofa
3.592-acre parcel situated in the State Land Use Agricultural district and the County's
Agricultural 5-acre (A-Sa)zoning district.The property is located at 87-3070 Miimalahoa
Highway,which is on the east side ofMamalahoa Highway,approximately 1,900 feet north of
the intersection ofMiimalahoa Highway and Kukuiopa'e Place,Kukuiopa'e 1",South Kona,
Hawai'i.
Approval ofthis request is based on the following:
The applicant,Cellco Partnership dba Verizon Wireless,is requesting a Use
Permit to construct a 114-foot tall steel monopole with twelve (12)8-foot panel antennas
mounted on top ofthe monopole,which will within a 900 square-foot portion ofa 3.592-
acre parcel.The monopole would be designed to also accommodate the placement oftwo
(2)other carriers (co-location).In addition to the monopole,the 900-square foot (30'x
30')leased area would be used for accessory ground facilities,which includes six (6)
radio and battery equipment cabinets and an outdoor emergency generator.The leased
Hawal'I County is an Equal Opportunity Provider and Employer
Mr.Les Young
Page 2
area would be fenced with 6-foot high chain link security fencing.The proposed facility
would be unmanned,and maintenance and repair activities will be perfonned by a
technician on a periodic basis.The pole will be constructed ofstructural galvanized steel
and built to withstand 100 mph wind.The applicant will comply with all Federal
Communications Commission (FCC)and Federal Aviation Administration (FAA)rules.
Additionally,the monopole will not interfere with the County's public safety radio.
The objective ofthis site is to provide infrastructure necessary for wireless
coverage throughout the extended Captain Cook section ofthe west side ofthe County
and in particular the much traveled Mamalahoa Highway (Hawai'i Belt Road).Currently,
there is no or poor coverage in this area and the proposed new facility will allow for
Verizon to better serve the residents and frequent drivers who pass thru this part ofthe
island.
As a result ofconsultation with the Hawai'i Island Burial Council and the
Department ofLand and Natural Resources-State Historic Preservation Division,the
applicant has revised its previously submitted tower plans to reflect a stealth "monopine
tree"tower design.The HIBC agreed that the disguising ofthe pole as a tree would
adequately mitigate any potential visual effects and DLNR-SHPD agreed that this
.undertaking would result in no adverse effect to historic properties.
Telecommunication towers and antennas previously required a Special Permit to
operate within the State Land Use Agricultural District.In 2007,the State Legislature
adopted Act 171 to al10w 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-
la)zoned district,a Use Permit is required.
In considering a Use Permit for anyproposed use,Rule 7 ofthe Planning
Commission relating to Use Permits,requires that such action confonn to the following
guidelines:
A.The granting ofthe proposed use shall be consistent with the general
purpose ofthe zoned district,the intent and purpose of the 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
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Mr.Les Young
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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 ofthe proposed use shall be consistent with the general purpose
of the zoning district,the intent and purpose ofthe 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 ifa Use
Permit is approved by the Planning Commission.
The Land Use Pattern Allocation Guide (LUPAG)Map component ofthe General
Plan is a representation ofthedocument'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 Extensive Agriculture,which are lands not classified as Important Agricultural
Land and includes lands that are not capable ofproducing sustained,high agricultural
yields without the intensive application ofmodern farming methods and technologies due
to certain physical constraints such as soil composition,slope,machine tillability and
climate.Other less intensive agricultural uses such as grazing and pasture maybe
included in the Extensive Agriculture category.The request is not contrary to the General
Plan designation as it will onlybe utilizing a small portion ofa larger property that will
benefit the general public in the area and those that travel along the highway with
enhanced cellular service.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.
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Mr.Les Young
Page 4
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 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 environment,and scenic view and vistas shall be considered and preserved where
possible.The tower site is located on a small portion ofa 3.592-acre property near a row
oftrees to help minimize any negative visual impacts to the surrounding properties and
Mamalahoa Highway.There is significant public benefit to be gained by the installation
ofthe proposed telecommunication tower for the residents in this area and for those
traveling along this stretch ofthe Mamalahoa Highway.Therefore,approval ofthis
request will not run contrary to the goals,policies and standards ofthe General Plan.
Based onthe 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 900 square-foot portion ofa
3.592-acre property,The property is mainly vacant ofuses but does have an existing
single-family dwelling.The surrounding properties are similarly zoned A-Sa and consist
,ofvacant properties and scattered dwellings.The nearest dwellings are located over 400
feet from the project site.The property abuts Mamalahoa Highway to the west.
Mr.Les Young
Page 5
The Commission has received concerns about visual impacts from surrounding
property owners.With the applicant's efforts to address the concerns ofthe Hawai'i
Island Burial Council,the applicant amended its proposal to provide a stealth "monopine
tree"in lieu ofthe original tower.The stealth "monopine tree"design should reasonably
mitigate the visual concerns expressed by the surrounding property owners.
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 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.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 property will be from Mamalahoa Highway (Highway 11),which is a State
owned and maintained roadway with an approximately 20-foot wide paved roadway
within a 60-foot right-of-way.As traffic is anticipated to be minimal,the access to the
site on the property is adequate.Fire and police services are available to the project area
in Captain Cook.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 205A,Hawai'i Revised Statutes,relating to Coastal Zone
Management Area.The subject property is located approximately one mile 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 resources.Additionally,there is no record ofa designated public access to
the shoreline or mountain areas that traverses the property.
After reviewing the applicant's request,the Department ofLand and Natural
Resources-State Historic Preservation Division (DLNR-SHPD)requested that an
Archaeological Inventory Survey (AIS)be conducted ofthe project site based on
information that a previously AIS was performed on the neighboring parcel
(TMK:8-7-010:009)and multiple significant historic properties were recorded,including
burials.The applicant submitted a historic properties assessment report that indicated
that there are no archaeological sites located within the area ofdirect effects.The
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Mr.Les Young
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applicant consulted with the Hawai'i Island Burial Council (HIBC)at the
February 21,2013 meeting at which time it was proposed bythe applicant that the pole
would be disguised as a pine tree in order to minimize any potential adverse visual effect
on the nearby burial sites.The HIBC agreed that the disguising ofthe pole as a tree
would adequately mitigate any potential visual effects caused bythe undertaking.As a
result,DLNR·SHPD agrees that this undertaking will result in no adverse effect to
historic properties.
Lastly,this approval is made with the understanding that the Applicant remains
responsible for complying with all other applicable governmental requirements in
connection with the approved use,prior to its commencement or establishment upon the
subject property.Additional governmental requirements may include the issuance of
building pennits,the installation ofapproved wastewater disposal systems, compliance
with the Fire Code,installation ofimprovements required by the American with
Disabilities Act (ADA),among many others.Compliance with all applicable
governmental requirements is a condition ofthis approval;failure to comply with such
requirements will be considered a violation that may result in enforcement action by the
Planning Department and/or the affected agencies.
Based on the above,the request to construct an unmanned,114·foot monopole,antennas and
related improvements is hereby approved by the Leeward Planning Cornmission.Approval of
this request is subject to the following conditions:
I.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
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.Landscaping shall also
be indicated on the plans along the perimeter ofthe 900 square-foot project site
for the purpose ofreasonably concealing the ground facilities from adjacent
properties and the highway.The antenna plans shall be stamped by a structural
engmeer.
3.The tower shall be constructed as represented in the revised tower design plans as
a stealth "monopine tree"tower as indicated in Planning Department Exhibit 2.
Mr.Les Young
Page 7
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.The applicant shall comply with all applicable rules,regulations and requirements
ofthe affected agencies for the proposed development,including the Federal
Aviation Administration and Federal Communications Commission.
8.An initial extension oftime for the performance ofconditions ofthe permit may
be granted by the Planning 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 notbe 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.
D.The time extension granted shall be for a period not to exceed the period
originally granted for performance (Le.,a condition to be performed within
one year may be extended for up to one additional year).
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Mr.Les Young
Page 8
Should any ofthe conditions not be met or substantially complied with in a timely
fashion,the Director may initiate procedures to revoke the permit.
This approval does not,however,sanction the specific plans submitted with the application as
they maybe 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,
"
Geraldine Giffin,Chairman
Leeward Planning Commission
Lcellcopartnershipusell·030
cc:Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division -Kona
Planning Department -Kona
Mr.Gilbert Bailado