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HomeMy WebLinkAbout13-044./ County 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 Ms.Rebecca Hughes Cascadia PM,LLC 1130 N.Nimitz Highway,Suite A-200 Honolulu,HI 96817 Dear Ms.Hughes: Use Permit Application (USE 13-000044) Applicant:AT&T Mobility Request:To Allow the Construction ofa New Telecommunication Facility,Including A 185-Tall,Steel Monopole and Related Equipment Within a 10,000 Square Foot Portion Ofa 785-Acre Property Tax Map Key:1-1-004:010 The Windward Planning Commission,at its duly held public hearing on March 6,2014,voted to approve the above-referenced request to allow the construction ofa new telecommunication facility,including a 185-foot tall steel monopole with 8-foot tall panel antennas and related facilities within a 10,000 square foot portion ofa 785-acre parcel situated in the State Land Use Agricultural district and the County's Agricultural 3-acre (A-3a)zoned district.The property is located on the south side ofthe Old Volcano Highway in the proximity ofthe 25-mile marker on the Hawai'i Belt Road (Highway 11),Puna,Hawai'i. Approval of this request is based on the following: AT&T Mobility is requesting a Use Permit to construct a 185-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)other carriers (co-location).In addition to the monopole,the 10,000-square foot (100'x 100')leased area would be used for accessory ground facilities,which includes radio and battery equipment cabinets and an outdoor emergency generator within a 12-foot by 20-foot shelter.The leased area would be fenced with 8-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 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 Hawai'i County is an Equal Opportunity Provider and Employer MAR 142014 Ms.Rebecca Hughes Cascadia PM,LLC Page 2 (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 in the eastern development ofthe Volcano Village town.Currently cellular phone coverage is provided by existing sites in the Volcano National Park and the Volcano Village areas to the west and Glenwood Road to the east.The proposed new facility will bridge the Volcano Village and Glenwood Road coverage areas and create a seamless handoffbetween Glenwood Road to Volcano Village to minimize dropped calls. The new facility will also cover southward toward the ocean,an area with poor coverage at this time. Telecommunicationtowers 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 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-1a)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: Ms.Rebecca Hughes Cascadia PM,LLC Page 3 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 ifa 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 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 ofmodem 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 Permit 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 telecomm.Lications are not without cost or concerns.One such concern is the construction and1~cation 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 Ms.Rebecca Hughes Cascadia PM,LLC Page 4 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 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 785.43-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 10,000 square-foot portion ofa 785.43-acre property.The property is currently vacant ofuses and structures.The surrounding properties to the east are zoned A-la within the Royal Hawaiian Estates and the Hawaiian Orchid Island Estates Subdivisions.Surrounding properties to the west are zoned RS-I0 and RS-20 within the Mauna Loa Estates Subdivision.These properties to the east and west are smaller lots consisting mainly ofscattered dwellings and vacant land.To the north across Highway 11 is a large property owned by the State zoned Forest Reserve and to the south is a large property owned by the State zoned A-20a.These two large properties are vacant ofuses and structures. The tower will be setback approximately 800 feet from the nearest property boundary,which should minimize any adverse impacts to the community's character or to the surrounding properties.It is anticipated that the approval ofthe telecommunication Ms.Rebecca Hughes Cascadia PM,LLC Page 5 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. Therefore,based on the above,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 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 property will be from the Old Volcano Road,which is a County owned and maintained road with an approximately 20-foot pavement within an 80-foot right-of-way. The tower will be situated approximately 800 feet inside the property.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 20SA,Hawai'i Revised Statutes,relating to Coastal Zone Management Area.The subject property is located approximately twelve (12)miles 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. 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. Ms.Rebecca Hughes Cascadia PM,LLC Page 6 Based on the above,the request to construct an unmanned,185-foot monopole,antennas and related improvements is hereby approved by the Windward 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 ofapproval. 2.Construction ofthe proposed development shall be completed within five (5) years from the effective date oftrus 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 750 square-foot project site for the purpose ofmitigating any adverse noise or visual 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. , i Ms.Rebecca Hughes Cascadia PM,LLC Page 7 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. 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). 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. sincere~ REd Gonzale~:~ Windward Planning Commission IAT&TMobilityUSE13-044WPC cc:AT&T Mobility,c/o Cascadia PM,LLC Department ofPublic Works Department ofWater Supply County Real Property Tax Division Mr.Gilbert Bailadow.H.Shipman,Ltd.