HomeMy WebLinkAbout15-055it:tvc!rte•
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
Phone(808)961-8288 • Fax(808)961-8742
DEC 15 2015
Ms.Kate Stilwell, Director
Mastec Network Solutions
100 Kahelu Avenue, Suite 230
Mililani,HI 96789
Dear Ms. Stilwell:
SUBJECT: Use Permit No. USE 15-000055
Applicant: Cellco Partnership dba Verizon Wireless
Approved Use: Construction of a 185-foot Steel Monopole
Telecommunication Tower and Related Improvements
Tax Map Key: 1-8-007: portion of 045
The Windward Planning Commission, at its duly held public hearing on December 3,2015,
voted to approve the above-referenced request to allow the construction of a new
telecommunication facility, including a 185-foot tall steel monopole with 8-foot tall panel
antennas and related facilities within a 1,600-square foot portion of a 17.824-acre parcel situated
in the County's Agricultural 5-acre(A-5a)zoning district. The project site is situated on the
south side ofKomo Street, across from the Ka`awale Boulevard—Komo Street junction, `Ola`a
Reservation Lots,Puna,Hawai`i.
Approval ofthis permit is subject to the following conditions:
1. The applicant,its successors,or assigns shall be responsible for complying with
all stated conditions of approval.
2. Construction of the tower and antennas,as proposed by the applicant, shall be
completed within five(5)years from the effective date of this 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(f), 25-2-72, 25-2-74 and 25-4-12, Chapter 25 (Zoning Code),
Hawaii County Code. Plans shall identify proposed structures, fire protection
Hawai`i County is an Equal Opportunity Provider and Employer
DEC 16 2015
Ms. Kate Stilwell,Director
Mastec Network Solutions
Page 2
measures, access easements and any fencing associated with the use. Landscaping
shall also be indicated on the plans along the perimeter ofthe 1,600 square-foot
project site for the purpose of mitigating any adverse noise or visual impacts to
adjacent properties. The antenna plans shall be stamped by a structural engineer.
3.Co-location of antennas upon the existing tower and expansion of related support
equipment within the project site may be allowed within the parameters of the
tower height as approved by the Planning Commission,provided that ground lease
areas ofco-locating carriers are adjacent to the existing ground lease area and not
located within the open yard setback areas.
4. Within 120 days ofthe 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.
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 of the affected
agencies for the proposed development,including the Federal Aviation
Administration and Federal Communications Commission. All exterior lighting
shall be shielded.
7. An initial extension of time for the performance of conditions of the permit may
be granted by the Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
Ms. Kate Stilwell,Director
Mastec Network Solutions
Page 3
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 of the 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
Approval ofthis permit is based on the reasons given in the attached Findings Report.
Should you have any questions,please contact Lucas Mead of the Planning Department at
961-8140.
Sinprtely,
Myles 'yasato,Chairman
Windward Planning Commission
LCellcopartne shipUSE15-055wpc
Enclosure: PC Findings Report
cc: Cellco Partnership dba Verizon Wireless
Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division-Hilo
Department of Land &Natural Resources - HPD
Mr. Gilbert Bailado
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
CELLCO PARTNERSHIP DBA VERIZON WIRELESS
USE PERMIT APPLICATION NO. 15-000055 (USE 15-0000551
Based on the following, Use Permit No. 15-000055 is hereby approved by the Planning
Commission to construct an unmanned, 185-foot tall steel monopole with 8-foot tall panel
antennas and related facilities within a 1,600 square-foot portion of a 17.824-acre parcel situated
in the County's Agricultural 5-acre(A-5a) zoned district.
The property is located on the south side of Komo Street, across from the Ka`awale
Boulevard — Komo Street junction, `Ola`a Reservation Lots, Puna, Hawaii, TMK: 1-8-007:
Portion of045.
Cellco Partnership dba Verizon Wireless is requesting a Use Permit to construct a 185-
foot tall steel monopole with twelve(12) 8-foot panel antennas mounted on top of the monopole.
The monopole would be designed to also accommodate the placement other carriers (co-
location). In addition to the monopole, the 1,600 square-foot (40' x 40') 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 7-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 of
structural galvanized steel and built to withstand 105 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 of the tower on this site is to improve coverage in neighborhoods between
the existing Mountain View and Glenwood Estates Verizon Wireless sites. Coverage will be
improved to provide better call quality within the homes as customers depend more on cellular
service over land-line telephone services in Hawai`i. Lastly, the proposed project will increase
data speeds for internet connection, video services and phone applications.
1-
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 Hawaii 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-5a)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 zoning 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
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 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 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 if a Use Permit is approved by the Planning Commission.
The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is
a representation of the 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
2-
within the County. The General Plan designation for this property is Important Agricultural
Land,which are those lands with better potential for sustained high agricultural yields because of
soil type, climate, topography, or other factors. Telecommunication facilities may be allowed in
this area with the approval of a Use Permit from the Planning Commission.
The telephone is an essential means of voice communication for the majority of residents
in Hawaii 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 intemet 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 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 obstructions 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. If there are
impediments between the mobile phone antenna and the telecommunication tower, there may be
signal degradation or signal loss. For example, the loss of line-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 of many
telecommunication towers. Consequently, the telecommunications tower is usually much 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
3-
tower site is located on a 1,600 square-foot portion of the 17.824-acre property. There is
significant public benefit to be gained by the installation of the proposed telecommunication
tower for the residents in this area. Therefore, approval of this request will not run contrary to
the goals,policies, and standards of the 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 of cell phone service to expand coverage to more remote areas."
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 1,600 square-foot (40' x 40') portion of a
17.824-acre property. There is an existing dwelling and storage shed that was constructed in
1990 on the north-east portion of the property. The remainder of the property is undeveloped.
The surrounding properties are similarly zoned A-5a and consist largely of unimproved and
vacant lands to the south and west, and the `Ola`a Reservation Lots and Pacific Paradise
Mountain View Manor subdivisions to the north-east. There are no dwellings within 200 feet
from the tower site.
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.
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 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
4-
they are already available to the property. Access to the property will be from Highway 11
Volcano Road/Hawai`i Belt Road), onto North Oshiro Road,which then becomes Komo Street.
Access from the public road to the facility will be via a new gravel access road. 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 Kea'au. 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 more than ten (10) miles from 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.
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 of approved wastewater disposal systems, compliance with the Fire Code,installation
of improvements required by the American with Disabilities Act (ADA), among many others.
Compliance with all applicable governmental requirements is a condition of this 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.
5-