The URL can be used to link to this page

Home My WebLink About13-037County 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 .182013 Ms.Maria Kolar Ali'i Wireless Specialists LLC 45-955 Kamehameha Highway,Suite 308 Kaneohe,HI 96744 Dear Ms.Kolar: Use Pennit Application (USE 13-000037) Applicant:Vista Towers LLC Request:To Construct a 150-Foot Tall Telecommunication Monopole And Related Facilities Tax Map Key:1-5-l06:portion 001 The Windward Planning Commission,at its duly held publichearing on July 11,2013,voted to approve the above-referenced request to construct a wireless telecommunications facility consisting ofa 150-tall monopole and related equipment on a 3,075 square foot portion ofa 3.8l-acre parcel situated withinthe Agricultural-1 acre (A-la)zoning district The_subject property,known as Miiikoiko Park,is located at the end ofSouth Miiikoiko on the makai side of the street,Hawaiian Shores Subdivision,Puna,Hawai'i. Approval ofthis request is based on the following: Vista Towers LLC is requesting a Use Permit to construct a wireless telecommunications facility consisting ofa 150-foot tall monopole tower and related equipment on a 3,075-square-foot portion ofa 3.8129-acre parcel identified as Tax Map Key:1-5-106:001.The monopole will be structurally capable ofsupporting five (5)or more wireless communications carriers,including all oftheir antennas,coaxial cabling and appurtenant structures.In addition to the monopole,the 3,075-square-foot leased area will be used for accessory ground facilities,which includes equipment cabinets and outdoor standby generators.The leased area will be fenced with 6-foot high chain link Hawai'i County is an Equal Opportunity Provider and Employer -------------~- Ms.Maria Kolar Ali'i Wireless Specialists LLC Page 2 security fencing.Native red hibiscus shrubs are proposed for landscaping around the fence line.The proposed facility will be unmanned,and maintenance and repair activities will be performed by a technician on a periodic basis.The objective ofestablishing this facility is to provide telecommunication services to the communities ofHawaiian Shores, Hawaiian Parks,Hawaiian Beaches,Keo'nepo'ko lid Farm Lots,and Wa'a Wa'a. Rule 7 (Use Permits),Section 7-6,ofthe Planning Commission's Rules ofPractice and Procedure states that the Planning Commission may approve a Use Permit upon finding that: a)The granting ofthe proposed use shall be consistent with the general purpose ofthe zoning 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,sewer,water,drainage,schools, police and fire protection and other related infrastructure. The proposed use is consistent with the general purpose ofthe zoning district,the intent and purpose of the Zoning Code,and the County General Plan.The subject property is situated within the State Land Use Urban district and is zoned Agricultural-l acre (A-la).The Zoning Code allows for telecommunication antennas and towers to be permitted in the County's Agricultural zoning district,provided that a Use Permit is issued bythe Planning Commission.The Use Permit process provides an avenue to review a proposed project on a case-by-case basis relative to infrastru,cture and impacts on surrounding properties and existing uses,as well as consistency with the goals and polices ofthe General Plan. 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 Low Density Urban,which allows residential uses (density ofup to six units per acre);ancillary community and public uses;and neighborhood and convenience-type Ms.Maria Kolar Ali'i Wireless Specialists LLC Page 3 commercial uses.Telecommunication facilities may be allowed in this area with the approval ofa Use Permit from the Planning Commission. 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.And a goal in the Natural Resources element ofthe General Plan is to protect rare or endangered species and habitats native to Hawai'i.The tower site is located on a small portion ofa 3.8l-acre property situated adjacent to the Nanawale Forest Reserve. The US Department ofFish and Wildlife has determined that although endangered and threatened seabirds may fly over the property in transit to upland breeding colonies,it is highly unlikely that the proposed tower will have an adverse effect on these seabirds.To reduce the potential impact to seabirds the monopole will not include guy wires or lights. Lastly,the request is consistent with Action 3.4.3.(e)in the Public Safety and Sanitation Services section ofthe Puna Community Development Plan (CDP),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 proposed use will not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character or to surrounding properties.The 3,075-square-foot project site is located on a 3.8l-acre parcel known as Miiikoiko Park,which serves as the community park for residents ofthe Hawaiian Shores subdivision.There is a pavilion,restroom building,an unfinished tennis court and unfinished swimming pool on the property.The project site is situated on the south side ofthe property in an open grassy area that is currently used for parking.Surrounding properties to the north,east and west are approximately 12,000 to 15,000 square feet in size and consist ofresidences and vacant land.These properties are zoned A-la.There is a large State-owned parcel known as the Nanawale Forest Reserve just south ofthe subject property.The closest residence to the project site is about 250 feet away on Maikoiko Street.Establishment ofthe telecommunication facility within the community park will not change the use ofthe property or the character ofthe surrounding community.As requested by the community association,the applicant has agreed to paint the tower,antennas,visible cables and mounting hardware in a color and manner that best minimizes the visual impact ofthe structure on surrounding properties.Ground equipment will be screened from public view by a 6-foot high chain link fence surrounded by hibiscus hedges or other similar landscaping and will include sound- Ms.Maria Kolar Ali'i Wireless Specialists LLC Page 4 absorbing hoods and panels to reduce noise levels.Lastly,the applicant held a community meeting on February 2,2012 and the Hawaiian Shores Community Association distributed a ballot to all association members to gauge community support or opposition for the proposed project.Over 80%ofthe ballots submitted were in favor ofthe long term lease ofthe project site for the proposed project.Therefore,it is not anticipated that the proposed use will have a substantial adverse impact on the surrounding community. The proposed use will not unreasonably burden public agencies to provide roads and streets,sewers,water,drainage,schools,police and fire protection and other related infrastructure.The proposed use will not unreasonably burden public agencies to provide roads,sewers,water,drainage systems,school improvements,and police,fire and medical services.Only electrical and telephone services are required for the use and they are already available to the property.Access to the project site will be from Kahakai Boulevard and Miiikoiko Street,which are both two-lane paved roadways. As traffic is anticipated to be minimal,access to the project site is adequate.Finally,the applicant will meet all applicable agency requirements,including the Federal Communications Commission and the Federal Aviation Administration. Based on the above,the establishment ofa 150-foot tall telecommunication monopole and related equipment on a 3,075-square-foot portion ofa 3.8129-acre parcel ofland situated within the Agricultura1-1 acre (A-I a)zoning district meets the criteria for approving the issuance ofa Use Permit.Approval ofthis request is subject to the following conditions: I.The applicant,its successors or assigns shall beresponsible 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)(2),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 3,075-square-foot permit area for the purpose ofrnitigating any adverse noise or visual impacts to adjacent properties. .--.--.--~-----------------_.------~---~_.- Ms.Maria Kolar Ali'i Wireless Specialists LLC PageS 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.The applicant shall paint the tower and antennas,including future co-location antennas,a color that will best blend the tower and antennas with their immediate surroundings.The applicant shall submit color swatches to the Hawaiian Shores Community Association Board for approval.The approved color swatches along with a letter ofapproval from the Association shall be submitted to the Planning Department with the application for Plan Approval. S.The monopole shall not include guy wires or lights.All exterior lighting associated with the ground equipment shall be shielded so that the light is directed downward. 6.All development-generated runoff shall be disposed of onsite and not directed towards any adjacent properties. 7.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-State 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 measures have been taken. 8.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. 9.Comply with all applicable rules,regulations and requirements ofthe affected agencies for the proposed development,including the Federal Aviation Administration and Federal Communications Commission. 10.An initial ex-tension oftime for the performance ofconditions ofthe permit may be granted by the Planning Director upon the following circumstances: Ms.Maria Kolar Ali'i Wireless Specialists LLC Page 6 A.Non-perfonnance 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 of the extension would not be contrary to the original reasons for the granting ofthe pennit. 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 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 ofthe Planning Department at 961-8288. Sincerely, ~~~~f Windward Planning Commission Lvistatowersuse13..()()()037 cc:Department ofPublic Works Department ofWater Supply County Real Property Tax Division State DLNR-HPD Mr.Gilbert Bailado ---.------------------------------