HomeMy WebLinkAbout12-033County of Hawai'i
WINDWARD PLANNING COMMISSION
Aupuni Center.101 Pauahi Street,Suite 3 •Hilo,Hawai'j 96720
Phone (808)961-8288 •Fax (808)961·8742
Mr.Steven Sung
Cascadia PM,LLC
1130 N.Nimitz Highway,Suite A-200
Honolulu,HI 96817
Dear Mr.Sung:
Use Permit Application (USE 12-000033)
Applicant:Verizon Wireless
Request:To Allow the Installation ofa 124-Foot Tall Telecommunication Monopole and
Accessory Uses on a 750-Square Foot Portion ofa 5.371-Acre Property Situated Within
The County's Agricultural (A-lOa)Zoned District
Tax Map Key:1-4-091:004
The Windward Planning Commission,at its duly held public hearing on August 2,2012,voted to
approve the above-referenced request to construct a 124-foot tall steel telecommunication
monopole with 8-foot tall panel antennas and related facilities on an approximate 750 square-foot
portion ofa 5.371-acre parcel situated in the State Land Use Agricultural District and the
County's Agricultural 10-acre (A-lOa)zoned district.The property is located at 14-4970 Kaimu-
Kapoho Road,which is on the west side ofKaimu-Kapoho Road,approximately 600 feet south
ofits intersection with Moani Road in Kapoho,Puna,Hawai'i.
Approval ofthis request is based on the following:
Verizon Wireless is requesting a Use Permit to construct a 124-foot tall steel
monopole with twelve (12)8-foot panel antennas mounted on top ofthe monopole.The
monopole would be designed to also accommodate the placement oftwo (2)or more
carriers (co-location).In addition to the monopole,the 750-square foot (25'x 30')leased
area would be used for accessory ground facilities,which includes radio and battery
equipment cabinets and an outdoor emergency generator.The leased 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 performed by a technician on a
Hawai',County is an Equal Opportunity Provider and Employer
Mr.Steven Sung
Cascadia PM,LLC
Page 2
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 system.
The objective ofthis site is to provide infrastructure necessary for wireless
coverage throughout Kapoho Beach area as well as travelers along Kaimu-Kapoho Road.
According to the applicant,there is currently spotty,or no coverage along Kaimu-
Kapoho Road from Makaukiu Point east to Kapoho Bay and south to Pohoiki.The
installation ofthis proposed new facility will allow for Verizon Wireless Services as well
as the co-location ofup to two (2)more additional wireless service providers.The
facility will "hand off"wireless signals to the existing facilities in Pahoa
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 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 Pennit
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-1a)zoned district,a Use Pennit is required.
In considering a Use Permit for any proposed 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 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 of a Use Permit,for the
reasons outlined below:
Mr.Steven Sung
Cascadia PM,LLC
Page 3
The granting ofthe 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 Pennit 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 pennitted use within the County's Agricultural zoned district if a Use
Permit is approved bythe 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 Extensive Agriculture,which are lands not classified as Important Agricultural
Land.These include 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.Telecommunication facilities may be allowed in this area with the approval ofa
Use Pennit from the Planning Commission.
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
Mr.Steven Sung
Cascadia PM,LLC
Page 4
maybe 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 environment,and scenic view and vistas shall be considered and preserved where
possible.The tower site is located on a small portion ofa 5.37 I-acre property.There is
significant public benefit to be gained by the installation ofthe proposed
telecommunication tower for the residents in this area.Therefore,approval ofthis
request will not run contrary to the goals,policies and standards ofthe General Plan.
Lastly,the Puna Community Development Plan (CDP)was adopted by the
Hawai'i County Council on September 10,2008.The request is consistent with Action
3.4.3.(e)under the Public Safety and Sanitation Services section in the plan,which states
"Encourage enhancement ofcell phone service to expand coverage to more remote
areas."
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 750 square-foot portion ofa
5.37l-acre property.The property is being used for as an orchid farm.There are several
farm structures constructed on the property.The immediate surrounding properties are
similarly zoned A-lOa and consist offarms and vacant land.The properties to the east
(makai)across Kaimu Kapoho Road are zoned A-Ia and consist ofscattered dwellings,
farms and vacant land.Further east is the Kapoho Beach Lots Subdivision.
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 wiD 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
Mr.Steven Sung
Cascadia PM,LLC
PageS
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 Kaimu-Kapoho Road,which is a County owned and
maintained road with an approximately 20-foot pavement within an 80-foot right-of-way.
There is a locked gate onto a private subdivision road,which consists ofa dirt road
within a 20-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 Pahoa.Finally,the applicant will be required to 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.
The property is currently developed with an orchid farm.The Department of
Land and Natural Resources-State Historic Preservation Division issued a "no-effect"
letter dated June 15,2012 with a determination that no historic properties will be affected
by this undertaking.A condition ofapproval has been added requiring the applicant to
immediately cease work and to notify DLNR-SHPD ifthey encounter a lava tube or other
archaeological feature in the course ofconstructing the tower.
The proposed request will not have a significant adverse impact to
traditional and customary Hawaiian Rights.In view ofthe Hawai'i State Supreme
Court's "PASH"and "Ka Pa 'akai 0 Ka 'Aina"decisions,the issue relative to native
Hawaiian gathering and fishing rights must be addressed in terms ofthe cultural,
historical,and natural resources and the associated traditional and customary practices of
the site:
Investigation ofvalued resources:No formal archaeological reconnaissance
survey,oral history ofkamaaina accounts ofthe area,historical survey ofdocumentary
records,botanical and/or fauna study was submitted.
Mr.Steven Sung
Cascadia PM,LLC
Page 6
The valuable cultural.historical.and natural resources found in the permit area:
As the property has been cleared,landscaped and developed with an orchid farm,an
archaeological inventory survey ofthe site was not conducted.The Department ofLand
and Natural Resources-State Historic Preservation Division issued a "no-effect"letter
dated June 15,2012 with a determination that no historic properties will be affected by
this undertaking.
Possible adverse effect or impairment ofvalued resources:The property does not
abut the shoreline,therefore Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian rights.To the extent to which
traditional and customary native Hawaiian rights are exercised,the proposed action will
not affect traditional Hawaiian rights and no action is necessary to protect these rights.A
condition ofapproval will be included to require the applicant to notify the DLNR-SHPD
should any unidentified sites or remains be encountered,and proceed only upon an
archaeological clearance from the DLNR-SHPD.
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 properties.Additional governmental requirements may include the issuance of
building permits,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,124-foot monopole,antennas and
related improvements is approved by the Windward Planning Commission.Approval ofthis
request is subject to the following conditions:
I.The applicant,its successors or assigns shall be responsible for complying with all
stated conditions of approval.
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
Mr.Steven Sung
Cascadia PM,LLC
Page 7
measures,access easements and any fencing associated with the use.Landscaping
shall also be indicated on the plans along the perimeter ofthe 750 square-foot
project site for the purpose ofmitigating any adverse noise orvisual impacts to
adjacent properties.The antenna plans shall be stamped by a structural engineer.
3.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.
4.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.
5.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.
6.Comply with all applicable rules,regulations and requirements ofthe affected
agencies for the proposed development,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 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 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.
Mr.Steven Sung
Cascadia PM,LLC
Page 8
D.The time extension granted shall be for a period not to exceed the period
originally granted for perfonnance (Le.,a condition to be perfonned 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
fashion,the Director may initiate procedures to revoke the pennit.
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
LverizonwirelessuseI2.QOOO33\\1lC
cc:Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division
DLNR-HPD /
Mr.Gilbert Bailado