HomeMy WebLinkAbout13-038County of Hawai'i
WINDWARD PLANNING COMMISSION
Aupuni Center.tol Pauahi Street,Suite 3 •Hilo,Hawai'j 96720
Phone (808)961-8288 •Fax (808)961-8742
APR Z5 lOt3
Mr.Daniel Jandoc
Department of Accounting and
General Services
State ofHawai'i
1151 Punchbowl Street,Room 427
Honolulu,HI 96813
Dear Mr.Jandoc:
Use Permit Application (USE 13-000038)
Applicant:State of Hawaii,DAGS
Request:To Allow a Public Use Communication Facility,Including a 75-Foot Tall
Telecommunication Tower With Antennas and Related Improvements on Approximately
1.42 Acres of Land Within the County's Agricultural (A-l a)Zoned District
Tax Map Key:Portions of2-4-001:170 and 2-4-001:040
The Windward Planning Commission,at its duly held public hearing on Apri118,2013,voted to
approve the above-referenced request to allow the construction of a 75-foot tall,self-supported
telecommunication tower with mounted antennas and related structures and uses on
approximately 10,155 square feet ofland within the State Land Use Agricultural District.The
area involved is located approximately 1,300 feet northwest ofthe intersection ofKomohana
Street and Puainako Street Extension,Waiiikea,South Hilo,Hawai'i.
Approval of this request is based on the following:
The applicant is requesting a Use Permit to allow the construction of a 75-foot
tall,4-leg self supported telecommunication tower and related structures on a 10,155-
square foot portion of two parcels totaling approximately 3.5 acres.The related structures
and improvements will the following:
Hawai'i County is an Equal Opportunity Provider and Employer
APR 25 2013
•
Mr.Daniel Jandoc
Department of Accounting and
General Services
State ofHawai'i
Page 2
•75-foot tall,4-leg self supported telecommunication tower;
•I,On-square foot radio equipment building containing an equipment room with
related mechanical and fire protection systems,a rectifier room and an emergency
generator room;
•Underground electrica1lines;
• A site grounding system for the tower,building and fence;
•I,OOO-gallon aboveground double-wall fuel tank;
•Buried electrical conduits;an 8-foot high chain-link fence topped with strand
barbed wire;a concrete paved area to provide vehicle parking;and
• A 12-foot by 115-foot long improved access driveway to connect to the
Department of Water Supply (DWS)parcel and access road located just south of
the project site.
The tower will be used to mount 16 solid microwave antennas,including six 10-foot,one
6-foot,three 4-foot,and six 2-foot diameter antennas.The tower will also support 11
other antennas,including side mounted whips and side mounted smaller antennas such as
directional yagis and panel antennas.
Although the tower is less than 200 feet in height,the FAA is requiring the
applicant to include a steady burn red obstruction light on top of the tower.The tower
will be factory painted a light grey color to mitigate visual impacts.The facility is
anticipated to cost $2.2 million and should be operational by June of2014.
The purpose of the proposed facility is to support the rebuilding and
modernization ofthe public microwave communication system known as the Anuenue
Radio system.This tower will replace the existing ICSD radio facility located at the
University of Hawai 'i at Hilo (UH Hilo)Campus Center building.The system is owned
by DAGS and shared with the U.S.Coast Guard to support State and Federal agencies.
This system is a successor to the Hawai'i Rainbow Communications Systems commonly
known as "Rainbow,"which was created through'an agreement by three State and three
Federal agencies to share infrastructure and microwave radio transmission systems.This
resulted in a statewide system of facilities used by Federal,State,and local agencies in
support of their law enforcement,public safety,emergency response,and civil defense
missions.The Rainbow agreement dissolved at the end of September 2002.This new
radio system will install a modem high capacity digital interconnect to replace the
Rainbow analog radio channels used by various agencies.The digital interconnect will
facilitate voice,digital radio,video,and data communications.
Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 3
The Waiakea Radio Facility will allow the establishment of microwave link
needed to support interoperability between State agencies and the County as well as
improve coverage.The Waiakea Radio Facility will significantly upgrade the
infrastructure that supports local government communications as the facility may also be
used by the County ofHawai'i to install microwave radio links from the Waiiikea facility
to other County of Hawai'i sites.The planned land mobile radio system (LMR)antennas
at the Waiakea Radio Facility will provide radio coverage for government users in the
Hilo vicinity.
The criteria for approving a Special Permit are based on Rule 6-6 in the Planning
Commission Rules.Rule 6-6 states that the Planning Commission shall not approve a
Special Permit unless it is found that the proposed use (a)is an unusual and reasonable
use ofland situated within the Agricultural or Rural District,whichever the case may be;
and (b)the proposed use would promote the effectiveness and objectives of Chapter 205,
Hawai'i Revised Statutes,as amended.
The proposed use is an unusual and reasonable use of land situated within
the Agricultural District.In recognizing that lands within agricultural districts might
not be best suited for agricultural activities and yet classified as such,and in recognition
that certain types of uses might not be strictly agricultural in nature,yet reasonable in
such districts,the legislature has provided for the Special Permit process to allow certain
unusual and reasonable uses within the Agricultural district.The applicant is proposing a
telecommunication facility to be used by public agencies for public purposes which will
include support for law enforcement,public safety,emergency response,civil defense
missions and UH Hilo.The project site will utilize only a 10,ISS-square foot portion of
two parcels totaling approximately 3.5 acres.Based on the minimal use ofland and the
public benefit to be provided by the proposed telecommunication facility,the subject
request is considered an unusual and reasonable use of agricultural land.
The granting of this request would promote the effectiveness and objectives
of Chapter 205,Hawai'i Revised Statutes,as amended.The State Land Use Law and .
Regulations are intended to preserve,protect and encourage the development oflands for
those uses to which they are best suited in the interest of the public welfare of the people
of the State ofHawai'i.In the case of the Agricultural District,the intent is to preserve or
keep lands of high agricultural potential in agricultural use.The project site is located on
soils classified as "E"or "Very Poor"by the Land Study Bureau's Overall Master
Productivity Rating and is in an area unclassified by the Department of Agriculture's
ALiSH Map.The use will be located on small portions of two properties and will not
Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 4
displace any existing agricultural activity or diminish the agricultural potential of the site.
Therefore,the proposed use will not adversely affect the preservation of the County's
prime agricultural lands for agricultural use,and is not contrary to the objectives sought
to be accomplished by the State Land Use Law and Regulations.
In addition to the above listed criteria,the Planning Commission shall also
consider the criteria listed under Section 6-3(b)(5)(A)through (G).In considering the
criteria,the Planning Director recommends the following:
(A)Such use shall not be contrary to the objectives sought to be
accomplished by the Land Use Law and Regulations.The subject request is
considered an unusual and reasonable use of agricultural lands.The proposed project will
not adversely affect the preservation and agricultural use of the County's prime
agricultural land;thus,the request is not contrary to the objectives sought to be
accomplished by the State Land Use Law and Regulations.
(B)The desired use would not adversely affect surrounding properties.
The surrounding area is zoned A-Ia and is owned by the State ofHawai'i.The property
to the north is the location of the U.S.Department of Agriculture,which has several
structures.The property to the west and south is a large State owned parcel and is vacant
of uses and structures.The property to the east across Komohana Street is the location of
the UH Manoa Komohana Research Extension Center,which has a constructed facility.
The nearest dwellings are located within the Komohana Gardens subdivision located
approximately 1,500 feet to the south and Sunrise Ridge Estates located approximately
3,500 feet to the west.The Telecommunications Act of 1996 recognizes the absence of
health hazards from radio wave transmissions and accordingly prohibits local authorities
from regulating the placement of communication towers based on environmental effects
as long as those towers comply with the Federal Communication Commission's
regulations.As the applicant has represented that they will adhere to the FCC's
regulations,no significant adverse impact to surrounding properties is expected.
In addition,the FAA required the applicant not to exceed a height of 76 feet about
ground level.The FAA indicated that the 75-foot structure would I)have no effect on
any existing or proposed arrival,departure or en route instrument/visual flight rules
(IFRJVFR)minimum flight altitudes;2)not exceed traffic pattern airspace;3)have no
physical or electromagnetic effect on the operation of air navigation and communications
Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 5
facilities;and,4)have no effect on any airspace and routes used by the military.Lastly,
the Planning Department has received no objections or concerns regarding this project
from the community.
(C)Such use shall not unreasonably burden public agencies to provide
roads and streets,sewers,water,drainage,school improvements,and police and nre
protection.The requested use will not burden public agencies to provide additional
services.Only electricity is needed for the proposed use,which is available to the project
site.Access to the project site will be via Komohana Street and an existing,non-
exclusive road and utility easement.The existing road is approximately 10 feet wide and
has an asphalt paved surface.The applicant will be constructing a 12-foot wide by
approximately liS-foot long access driveway to connect the project site to the existing
road.Therefore,the requested use will not unreasonably burden public agencies to
provide improvements or services.
(D)Unusual conditions,trends,and needs have arisen since district
boundaries and regulations were established.In the 1960's and 1970's,the State's
agricultural district boundaries and regulations were established and subsequently
amended pursuant to HRS Chapter 205.The State Land Use Commission was created in
1961,and interim regulations and temporary district boundaries became effective in 1962.
Subsequently,the regulations and Land Use District Boundaries became effective in
August of 1964.At that time,the predominant means of audio communication was by
traditional telephone service,and public,private and quasi-public utility lines and
roadways including communication equipment buildings were permitted uses within the
State Land Use Agricultural District.However,changes in technology in recent years
have advanced beyond what the Land Use Law had envisioned for radio and
telecommunications.While the State Land Use Law recognizes the need for public,
private and quasi-public utility lines and roadways to be permitted within the Agricultural
districts,Section 205-4.5 does not specifically permit telecommunication towers on
Agricultural designated lands,therefore a Special Permit is required.
(E)The land upon which the proposed use is sought is unsuited for the
uses permitted within the district.The project site consists of soils classified as "E"or
"Very Poor"by the Land Study Bureau's Overall Master Productivity Rating and
unclassified by the Department of Agriculture's ALISH Map.The potential for
agricultural productivity at the site is very limited due to the poor soils.Therefore,the
land upon which the proposed use is sought is unsuited for the uses permitted within the
district.
Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 6
(F)The use will not substantially alter or change the essential character
of the land and the present use.The proposed 75-foot telecommunication tower will be
located within an area where there are scattered trees and bushes.The proposed tower
will stand above the existing trees to be visible from sUrrounding areas located mauka of
the project site.This will affect the scenic views ofthe land,trees and ocean in this area,
but the visual impact is expected to be minimal.Therefore,the proposed use will not
substantially alter or change the essential character of the land.
(G)The request will not be contrary to the General Plan and Kona
Community Development Plan (CDP).The Land Use Pattern Allocation Guide
(LOPAG)Map component of the 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 LUP AG
Map establishes the basic urban and non-urban form for areas within the County.The
project site is located in an area identified as University Use on the LUPAG Map,which
is for a public university,including ancillary public uses,residential,and support
commercial uses.Approval of the request will support the modernization of the public
microwave communication system used for emergency services,law enforcement,public
safety and civil defense purposes which would complement the Public Facilities elements
of these plans.
The granting of this request would promote the effectiveness and objectives
of Chapter 20SA,Hawai'i Revised Statutes,relating to the Coastal Zone
Management Program.The project site is located outside of the Special Management
Area and is approximately 2 miles from the nearest coastline.There is no record of a
designated public access to the shoreline or mountain areas traversing the site.Due to the
project site's distance from the shoreline,the property will not impact recreational
.resources,scenic and open space or visual resources,coastal ecosystems and marine
coastal resources.No historic properties were identified on the project site.Further,
there is no evidence of valued cultural,historical or native resources,nor evidence of any
traditional and customary Native Hawaiian rights being practiced on the site.
The proposed request will not have a significant adverse impact to
traditional and customary Hawaiian Rights.In view of the 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 of the cultural,
historical,and natural resources and the associated traditional and customary practices of
the site:
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Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page?
Investigation of valued resources:The project site was included in land
considered during the preliminary planning for the USDA facility.An archeological
reconnaissance was completed for the USDA facility in May 2000.The Department of
Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD)has
issued a "no-effect'letter dated October 29,2012.
A cultural impact evaluation was conducted in February 2012 by Cultural Surveys
Hawai'i,Inc.and the applicant consulted with the Hawaiian community to determine if
the site holds significant cultural value.
To determine the presence of biological and avian resources,biological and avian
surveys ofthe site were completed by Reginald E.David in March 2012.
The valuable cultural,historical,and natural resources found in the permit area:.
During the archeological reconnaissance for the USDA facility in May 2000,human
skeletal remains,consisting of a single,left femur were found in a lava sink feature.
DLNR-SHPD issued a "no-effect"determination based the completion of an approved
burial treatment plan to remedy potential impacts to Site 22080 (burial)and with the
understanding that interim construction fencing will be installed at the 5-foot buffer zone
prior to commencement of construction and long term preservation measures as indicated
in the approved plan are implemented.DLNR-SHPD also requests the opportunity to
review the final grading/construction plans as part of the grading permit application.The
grading permit process already includes a review of the DLNR-SHPD before the permit
can be approved,so an additional condition is not warranted for this request.
In addition,the cultural impact evaluation of the area found no cultural resources
recorded in the project area.Additionally,no natural resources used for cultural gathering
purposes were identified on the site.
The findings for the botanical resources shows the vegetation is a mix of scrub
'ohi'a.koa haole,with an 'uluhe understory,interspersed with numerous alien species
including strawberry guava,Christmas berry,octopus tree,and numerous alien weedy and
grass species.The conclusion of the survey was that the Waiiikea Radio Facility project
site,including the access easement,contains no listed or candidate threatened or
endangered botanical species as set forth by the U.S.Fish and Wildlife Service (USFWS).
Thus,the construction of the Waiiikea facility will not have an adverse impact to
threatened or endangered species.
Mr.paniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 8
The avian survey found a total of five avian species were detected during the time
spent in the study area.All of the species recorded are alien to the Hawaiian islands.
Although no seabirds were detected during the survey,it is probable that both the
endangered Hawaiian Hawk and the threatened endemic sub-species of the Newell's
Shearwater over-fly the project area in small numbers between April and the middle of
December each year.The USFWS recommended the following conservation measures to
minimize potential project impacts to seabirds during their breeding season,all outdoor
lights should be fully shielded so the bulb can only be seen from below the bulb height
and only used when necessary.Nighttime construction should be avoided during the
seabird fledging period of September 15 through December 15.If a light is required for
the tower,a flashing red light is recommended by the USFWS,rather than a solid red or
white light.The use of flashing red lights has been known to reduce seabird attraction.
In conclusion,the construction of the building and tower would not adversely affect the
bird population or mammalian species in the area of the project site or any USFWS or
DLNR listed or candidate threatened or endangered species.A condition of approval will
be added to reflect the recommendations of the USFWS.
Possible adverse effect or impairment of valued resources:As mentioned above,
conditions of approval will be added to minimize any possible adverse effect or
impairment to any valued resources.Additionally,the property does not abut the
shoreline and is not in a forested area of the mountain,therefore Hawaiian gathering,
fishing and hunting 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 of approval will be included to require the applicants to notify the
DLNR-SHPD should any unidentified sites or remains be encountered,and proceed only
upon an archaeological clearance from the DLNR-SHPD.
Based on the above considerations,the approval of the request to construct a 75-
foot high telecommunication tower and related structures would support the objectives
sought to be accomplished by the Land Use Law and Regulations.Approval of this
request is subject to the following conditions:
1.The applicant,successors or assigns shall comply with all ofthe stated conditions
of approval.
Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 9
2.Construction of the proposed development shall be completed within five (5)
years from the effective date 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(c)(3),25-2-72,25-2-74 and 25-4-12,Chapter 25 (Zoning Code),Hawai'i
County Code.Plans shall identify all existing and/or proposed structures,
driveway access and parking stalls associated with the proposed development.
The tower and antenna plans shall be stamped by a structural engineer.
3.All exterior lighting shall be shielded,except the red flashing light required by the
Federal Aviation Administration (FAA).
4.Co-location or any expansion on the tower and antenna shall be allowed within
the parameters of the building height and envelope as represented.
5.Should any remains of historic sites,such as rock walls,terraces,platforms,
marine sell concentrations or human burials be encountered,work in the
immediate area shall cease and the Department of Land and Natural Resources-
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.
6.The applicant shall comply with all applicable County,State and Federal laws,
rules,regulations and requirements,including the Federal Aviation
Administration and Federal Communications Commission.
7.Within 120 days of the permanent abandonment of the tower,the applicant shall
remove the tower,antenna and accessory structures.The applicant shall provide
written notification to the Planning Director of such removal.
8.An 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.
Mr.Daniel Jandoc
Department of Accounting and
General Services
State of Hawai 'i
Page 10
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).
E.If the applicant should require an additional extension of time,the
Planning Department shall submit the applicant's request to the Planning
Commission for appropriate action.
9.Should any of the conditions not be met or substantially complied with in a timely
manner,the Planning Director may initiate the revocation of 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 of the Planning Department at
961-8288.
Sincerely,
NAL4J f
Wallace Ishibashi,Jr.~luiirrn~;z-
Windward Planning Commission
Lst.led.gsuse 13-03 7
cc:Mr.John SakaguchilWilson Okamoto Corp.
Department of Public Works
Department of Water Supply
County Real Property Tax Division
Mr.Gilbert Bailado