HomeMy WebLinkAbout13-039County of Hawai'i
LEEWARD PLANNING COMMISSION
Aupuni Center.101 Paunhi Street,Suite 3 •Hilo.Hawai'j %720
Phone (808)%1-8288 •Fax (808)961-8742
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Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
45-955 Kamehameha Highway,Suite 308
Kane'ohe,HI 96744
Dear Mr.Fox:
Use Permit Application (USE 13-000039)
Applicant:New Cingular Wireless PCS LLC dba AT&T
Request:To Allow the Establishment of an 84-Foot Tall Monopole and Related
Equipment on a 900 Square Foot Portion ofa 1.962 Acre Property in the
County Agricultural (A-la)Zoned District
Tax Map Key:7-6-024:032
The Leeward Planning Commission,at its duly held public hearing on October 17,2013,voted to
approve the above-referenced request to construct an 88-foot tall steel telecommunication
monopine tower and related facilities on a 900 square foot portion of a 1.962 acre parcel situated
in the State Land Use Agricultural District and the County's Agricultural-1 acre (A-la)zoning
district.The property is located on the north (mauka)side of Kuakini Highway,approximately
300 feet southeast ofthe intersection of Kuakini Highway and Keakealani Drive in Holualoa,
North Kona,Hawai'i.
Approval of this request is based on the following:
The applicant originally submitted a request for a Use Permit for an 84-foot tall
steel telecommunication monopole but has since changed the design in response to
comments from DLNR-SHPD.The applicant has amended the request for a Use Permit
to construct an 88-foot tall steel monopine with twelve (12)8-foot panel antennas
mounted on top ofthe monopine,which will be situated within a 900 square-foot portion
ofa 1.962-acre parcel.The monopine would be designed to also accommodate the
placement of at least two (2)other carriers (co-location).In addition to the monopine,the
HmlY/i'i Coullty i..,all Equal Opportuility Provider alld Employer
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 2
900-square foot (30'x 30')leased area would be used for accessory ground facilities,
which includes a 230 square foot prefabricated equipment shelter and emergency backup
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 periodic basis.The monopine will be constructed of steel
and built to withstand 100 mph wind.The applicant stated that they adhere to the strict
Federal Aviation Administration (FAA)rules.According to the applicant,they will
adhere to all Federal Aviation Administration (FAA)and Federal Communications
Commission (FCC)regulations.Additionally,the monopine will not interfere with the
County's public safety radio system.
The objective ofthis site is to provide infrastructure necessary for improved
wireless coverage of the Kailua-Kona subdivisions specifically Pualani Estates,Kahakai
Estates,Ali'i Kai,Kamani Trees,Hualani Heights,Kalani Sunset,Leilani Sunset,Kona
Vistas,Kilohana Kai,Kuakini Makai,Komohana Kai as well as commuters along
Kuakini Highway and Queen Ka'ahumanu Highway.The existing AT&T facilities which
service the Kona Town and Keauhou communities cannot support the increased wireless
traffic from subscribers in the area.The new facility will "offload"wireless traffic from
the existing facilities and there enhance coverage for the numerous subdivisions in the
area as well as commuters along Kuakini Highway and Queen Ka'ahumanu Highway.
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 of wireless 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-Ia)zoned district,a Use Permit is required.
In considering a Use Permit for any proposed use,Rule 7 of the Planning
Commission relating to Use Permits,requires that such action conform to the following
guidelines:
A.The granting of the proposed use shall be consistent with the general
purpose of the zoned district,the intent and purpose of the Zoning Code
and the County General Plan;
B.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;and
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 3
C.The granting of the 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:
The granting of the 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 of the 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 of the document's goals and policies to guide the coordinated
growth and development of the County.It reflects a graphic depiction of the 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 for residential uses,with ancillary
community and public uses,and neighborhood and convenience-type commercial uses;
overall residential density may be up to six units per acre.The request is not contrary to
the General Plan designation as it will only be 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 of the General Plan.
The telephone is an essential means of voice communication for the majority of
residents in Hawai'i County.However,over the last decade,the County has seen
acceleration in the development of telecommunication 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.
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 4
Advances in telecommunications are not without cost or concerns.One such
concern is the construction and location of telecommunication towers.
Telecommunication towers are the physical structures to which antennas are attached to
facilitate wireless communication.Because of the need for a clear line-of-site,
telecommunication towers are usually located in areas with minimum obstlUctions
between the tower and its area of service.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 of a given area.
A standard in the Public Utilities Element of the General Plan states that in the
development and placement of telephone facilities,such as lines,telecommunications and
cellular towers,poles,and substations,the design of the 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 1.962-acre property near a row
of trees to help minimize any negative visual impacts to the surrounding properties and
Kuakini Highway and Queen Ka'ahumanu Highway.There is significant public benefit
to be gained by the installation of the proposed telecommunication tower for the residents
in this area and for those traveling along this stretch of the Kuakini Highway and Queen
Ka'ahumanu Highway.Therefore,approval of this 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 of the
zoned district,the intent and purpose of the 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
1.962-acre property.The property is vacant of uses and structures.The surrounding area
consists mainly of residential subdivisions including Pualani Estates to the north,Kahakai
Estates and Kuakini Makai to the west,Ali'i Kai,Kamani Trees,Komohana Kai,and
Kilohana Kai to the south and southwest,and Kalani Sunset,Leilani Sunset and Kona
Vistas to the east.The nearest dwellings are located to the south directly across Kuakini
Highway in the Kuakini Makai Subdivision.Directly north is a property zoned A-5a,
which is the location for the Power SelfStorage facility that was approved by Special
Permit No.1003.Directly east is a property zoned RM-5 that is the location of a HELCO
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 5
transfer station.The adjacent property to the northwest is zoned CN-10,which is the
location for the Hillside Business Plaza.
The Commission has received concerns from the Department of Land and Natural
Resources-State Historic Preservation Division (DLNR-SHPD)regarding the potential
adverse visual effects of this project on the nearby significant historic properties,thereby
necessitating the change in the design to a monopine.
It is anticipated that the approval of the 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 tower site will be over an unimproved portion ofold Walua Road,which is
a government road that is not maintained by the County.There is a locked gate at the end
ofthe improved portion of old Walua Road.The applicant will gain access to the
property through the locked gate.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 Kailua-Kona.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 4,000 feet 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 of a designated public access to
the shoreline or mountain areas that traverses the property.
After reviewing the applicant's request,the DLNR-SHPD stated that because this
project requires a permit from the FCC,this project also triggers historic preservation
review pursuant to section 10 of the National Historic Preservation Act.DLNR-SHPD
has previously reviewed this undertaking and discovered that an Archaeological Inventory
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 6
Survey ofthis property was prepared by Glenn Escort (2012).The AIS recorded 2
archaeological sites within the subject parcel,a historic ranch/boundary wall (SlliP 50-
10-28-29503)and a modified outcrop (SlliP 29504).In addition,a review of our records
indicates that there are a minimum of 241 archaeological sites recorded on the State
Inventory of Historic Places within a 0.5 mile radius ofthis proposed project area.Some
of these sites include highly significant sites with religious and cultural significance to
native Hawaiians such as the Kealakowa'a Heiau (SlliP 3833)and the great wall of
Kuakini (SlliP 6302).While these sites will not be directly impacted by the project,we
request that the applicant take into account the potential adverse visual effects ofthis
project on the nearby significant historic properties.In addition of completing the section
106 requirements ofdescribing the area of potential effects,identification and assessment
ofeffect on historic properties with the area of potential visual,and consultation Native
Hawaiian Organizations on the identification of historic properties and assessment of the
effect of this undertaking on historic properties,that were identified in the previous
correspondence,we request the applicant consider possibilities to minimize any potential
visual impacts to the setting of nearby historic properties.
In response these comments from DLNR-SHPD,the applicant submitted the
additional requested information and received a "no historic properties will be affected"
determination from DLNR-SHPD in a letter dated May 13,2013.Additionally,the
applicant changed the design ofthe monopole to a monopine to mitigate any potential
visual impacts to historic properties in the area.
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 permits,the installation of approved 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,88-foot monopine,antennas and
related improvements is hereby approved by the Leeward Planning Commission.Approval of
this request is subject to the following conditions:
1.The applicant,its successors or assigns shall be responsible for complying with all
stated conditions of approval.
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 7
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 of reasonably concealing the ground facilities from adjacent
properties and the highway.The antenna plans shall be stamped by a structural
engineer.
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 12.
4.Co-location or any expansion of the tower and related facilities within the project
site may be allowed within the parameters of the tower height and envelope as
approved by the Planning Commission.
5.Within 120 days of the permanent abandonment of the 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 of the termination of the telecommunication tower and related
improvements and the removal of all 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 of Land
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 of time for the performance ofconditions of the permit may
be granted by the Planning Director upon the following circumstances:
Mr.William Keoni Fox
Ali'i Wireless Specialists LLC
Page 8
A.Non-performance 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 of the 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 of the permit.
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 performed 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 of the affected
agencies.
Should you have any questions,please contact Daryn Arai ofthe Planning Department at
961-8288.
Lnewcingularuse 13-0391pc
cc:New Cingular Wireless PCS,LLC
Department of Public Works
Department ofWater Supply
County Real Property Tax Division
Planning Department!.ona
Mr.Gilbert Bailado