HomeMy WebLinkAboutPD Recommendation USE 20-083RSBAKealakekuaUSE.crk.9.3.2020
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
SBA TOWERS V LLC
USE PERMIT APPLICATION (USE 20-000083)
Upon review of the request against the guidelines for approving a Use Permit, the
Planning Director recommends that a Use Permit to allow the replacement of an existing 326-
foot tall telecommunications tower with a new,non-manned telecommunication facility
consisting of a 260-foot tall, self-supporting steel lattice tower with related equipment and
improvements within a 2,025-square foot portion of a 3.585-acre property be approved by
the Planning Commission.The Planning Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This approval is
based on the following findings:
The applicant is requesting a Use Permit to replace an existing 326-foot tall
telecommunications tower with a new, non-manned telecommunication facility
consisting of a 260-foot tall, self-supporting galvanized steel lattice tower on the same
property. Service providers on the existing tower(T-Mobile, Verizon Wireless and
Pacific Radio Group) will relocate to the new tower with the following components:
1)T-Mobile consisting of three(3) sectors with two (2) antennas per sector for a total of
six(6) antennas and nine(9) remote radio units; and 2)Verizon Wireless consisting of
nine(9) antennas and twelve(12)remote radio units. In addition to the tower and
antennas,the 2,025-square foot(45' x 45')project area would be used for accessory
ground facilities including a new equipment cabinet shelter on an existing 8' x 16'
concrete pad. The project area will be enclosed with an 8-foot high chain-link fence with
three strands of barbed wire at the top and a 12-foot wide locked access gate. The
proposed facility will be unmanned, and maintenance and repair activities will be
performed by a technician on a periodic basis, typically once a month within normal
working hours. The applicant will comply with all Federal Communications Commission
FCC) and Federal Aviation Administration(FAA)rules, including the installation of an
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LED beacon and tower side lights as the proposed new tower is over 200 feet in height.
Additionally,the facility will not interfere with the County's public safety radio system.
According to the applicant, the existing 326-foot tall tower is no longer
structurally sound and must be replaced. However, due to the presence of several wireless
carriers located on the existing tower, which help to provide E911 coverage for the area,
the applicant needs to wait until the new tower is constructed to demolish the existing
tower. The new tower is anticipated to be constructed within six (6)months of obtaining
the necessary permits and the existing tower will be demolished thereafter. Approval of a
Use Permit to construct the new tower and demolish the existing tower, once the 260-foot
proposed structure is operational, will ensure E911 coverage will remain in service for
the public with minimal interruptions and maintain the cell service provided by the
tower's existing wireless carrier tenants.
The Zoning Code requires a Use Permit for telecommunication antennas and
towers in the County's Agricultural-5 acres zoning district. 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
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
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surrounding properties and existing uses, as well as consistency with the goals and
policies of the General Plan.
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 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 residential, 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 consistent with the Land Use,
Economic, and Public Utilities elements 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, and the internet. 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, the cellular signal can
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be 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. There are no identified natural beauty sites/view planes in the General
Plan for this area. There are three existing towers on the subject property which have
been established for many years and according to the applicant, surrounding property
owners are accustomed to the presence of towers on the property.
Furthermore,the General Plan and the Kona Community Development Plan
discuss the importance of protecting native species in order to maintain an ecological
balance for the well-being of the island. In their letter dated August 17, 2020, the US Fish
and Wildlife Service(USFWS)recommended several measures to avoid or minimize
project impacts to federally listed endangered species (Hawaiian hoary bat, Hawaiian
Petrel and Band-rumped storm-petrel) and threatened species (Nene and Newell's
shearwater)that may roost, nest or flyover the area. Additionally, in their August 12,
2020 memo, the DLNR- Division of Forestry and Wildlife(DOFAW)identified
measures to protect the Hawaiian hawk, which was recently removed from the federal list
of threatened and endangered species, but continues to be listed by the State as
endangered under HRS 195-D. The Planning Director agrees these measures should be
implemented. Thus, to avoid possible impacts on these species that are protected under
the Endangered Species Act and HRS, which are administered by the USFWS and
DOFAW respectively, the applicant will be required to implement mitigation measures as
conditions of this permit. Based on the preceding, the request is consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code and the
County of Hawai`i General Plan and CDP.
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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 proposed facility will be located on a the 2,025-
square foot(45'x 45')portion of the 3.585-acre property. The property is currently
improved with three(3) existing telecommunications towers and related equipment,
including:l) a 326-foot tall tower(known as the KKON broadcasting tower)permitted in
1963 by Interim Zoning Variance No. 12; 2) a 152-foot tall monopole tower(Nextel),
which was a permitted use in the district at the time and was granted Final Plan Approval
in April 1997; and 3) a 145-foot tall tower(US Cellular)that was granted a Special
Permit(SPP No. 1062) in 2000. There is also an existing equipment building situated
approximately 50 feet to the north west ofthe existing KKON Tower that will be
removed to make space for the proposed 260-foot tall tower. The area between the three
facilities is heavily vegetated.
With the exception of the property directly adjacent to the west that is zoned
Single-Family Residential (RS-15), the remaining properties directly surrounding the
subject property are similarly zoned Agricultural (A-5a) and consist of residential uses,
farm uses and vacant property. The closest dwelling is situated approximately 190 feet to
the north west of the closest corner of the proposed tower, thus, it is unlikely any noise
from the ground equipment would adversely affect neighbors.
To reduce visual impacts on surrounding properties, the applicant will be required
to obtain Final Plan Approval as a condition of this permit, which will require the tower
meet the Zoning Code required yard setbacks of one(1) foot for every five(5) feet in
height(a setback at least 52 feet from every property line). Furthermore, the area
surrounding the project site is heavily vegetated, so it is unlikely that the ground
equipment will be visible from surrounding properties. Additionally, as the applicant is
proposing to replace a 326-foot tall tower that has existed on the site since 1963,with a
smaller 260-foot tall tower of similar design in a similar location, the visual impact, if
any, should be reduced.
As the applicant is requesting to replace an existing telecommunications tower
with a new one, a condition of this approval will require the applicant to remove the
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existing tower and related equipment within 120 days of abandonment of the tower. A
similar condition will also require the removal of the new tower, antennas, and accessory
structures when the new tower is abandoned.
It is anticipated that the approval of the new telecommunication tower will be
beneficial to the community as it will replace a structurally deficient tower and maintain
existing cell service for two (2) carriers and a radio station and continue E911 coverage
for the area for emergency services. Finally, the new tower is designed to accommodate
one(1) additional cellular service provider. Therefore,based on the preceding, 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. Only electrical and
telephone services are required for the proposed use and those utilities are currently
available to the site. Access to the property and existing tower is via a 40-foot wide
roadway and utility easement across the adjacent property to the north from Nani Kupuna
Place, a County owned and maintained roadway. The new telecommunications facility
will be similarly accessed over this easement,which includes a 12'±wide asphalt section
leading to the subject property and an 8'- 9'±wide gravel section,both considered to be
in good drivable condition. Water and wastewater disposal are not required for the
proposed use and fire and police services are available from stations in Kailua-Kona and
Captain Cook. 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, Hawaii Revised Statutes,relating to Coastal Zone
Management Area.The subject property is located over about 2.4 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
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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 and no gathering or other
traditional practices have been documented.
Given the historic use of the property for telecommunications facilities and as the
new tower is proposed to be built largely on the site of an existing building that will be
removed, it is not anticipated that the tower construction will have any negative impact
on archaeological,historic or cultural resources.
Finally, 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.
Based on the preceding findings, it is recommended that the request for a Use Permit to
allow the replacement of an existing 326-foot tall telecommunications tower with a new, non-
manned telecommunication facility consisting of a 260-foot tall, self-supporting steel lattice
tower with related equipment and improvements within a 2,025-square foot portion of a 3.585-
acre property be approved by the 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.
2.Construction and operation of the telecommunication facility shall be conducted
in a manner that is substantially representative of plans and details as contained
within the Use Permit application received July 10, 2020 and representations
made to the Leeward Planning Commission.
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3.Construction of the telecommunication facility 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(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. The antenna plans shall
be stamped by a licensed structural engineer.
4. Prior to commencement of operation of the facility,the applicant, successors or
assigns shall secure and finalize any building permits for the proposed use
required by the Department of Public Works Building Division.
5.Co-location of antennas upon the existing tower and the addition of related
support and ground equipment is allowed and encouraged within the parameters
of the tower height and ground lease area as approved by the Planning
Commission without amendment of this permit or further Plan Approval. Co-
location beyond the parameters approved by this permit but that results in less
than a `substantial change' to the tower height and ground lease area, as defined
by the Federal Communication Commission, is allowed without amendment of
this permit,provided Plan Approval has been issued by the Planning Director for
the co-location. Co-location that results in a `substantial change' to the tower
height and ground lease area, as defined by the Federal Communication
Commission,requires an amendment of this permit.
6. To protect any Hawaiian hoary bats in the vicinity of the property, barbed wire
fencing shall not be used in the permit area and woody vegetation over 15 feet in
height shall not be removed during bat breeding season of June 1 to September 15
without first conducting surveys for bat nests and coordinating with US Fish and
Wildlife Service if nests are found. Surveys shall be conducted by a qualified
biologist.
7. To protect any Hawaiian hawk in the vicinity of the property, clearing, grubbing
and construction activities shall not occur in the permit area during hawk breeding
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season of March 1 to September 30 without first having a qualified biologist
conduct surveys for hawk nests in the project footprint and surrounding areas and
coordinating with US Fish and Wildlife Service if nests are found. Additionally,
no clearing or construction activities shall occur within 1,600 feet of any active
Hawaiian hawk nest during the breeding season until the young have fledged.
Finally,regardless of the time of year,no trimming or cutting trees containing a
hawk nest shall occur, as nests may be re-used during consecutive breeding
seasons.
8. To protect any seabirds (Hawaiian petrels and Newell's shearwaters) in the
vicinity of the property, the applicant shall install shielded outdoor lights to direct
light downwards. Additionally, the applicant shall install automatic motion sensor
switches and controls on all outdoor lights or turn off lights when human activity
is not occurring in the lighted area. Finally, the applicant shall avoid nighttime
construction during the seabird fledging period of September 15 December 15.
9. To avoid and minimize potential project impacts to the Hawaiian goose(Nene)
the applicant shall implement the following applicable measures: Do not
approach, feed, or disturb Nene. If Nene are observed loafing or foraging within
the project area during the Nene breeding season(September through April),have
a biologist familiar with the nesting behavior of Nene survey for nests in and
around the project area prior to the resumption of any work. Repeat surveys after
any subsequent delay of work of three or more days (during which the birds may
attempt to nest). Cease all work immediately and contact the US Fish and Wildlife
Service for further guidance if a nest is discovered within a radius of 150 feet of
proposed work, or a previously undiscovered nest is found within said radius after
work begins. In areas where Nene are known to be present, post and implement
reduced speed limits, and inform project personnel and contractors about the
presence ofendangered species on-site.
10. To prevent the spread of harmful invasive species, the applicant shall follow
biosecurity protocols as determined by US Fish and Wildlife Service.
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11. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, structural remains (e.g. rock walls, terraces,platforms,
etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes
are identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find, protect the find from additional disturbance and
contact the State Historic Preservation Division at(808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from the DLNR-HPD when
it finds that sufficient mitigative measures have been taken.
12. The applicant shall 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.
13. Within 120 days of the permanent abandonment of the existing, 326-foot tall
telecommunications tower, the applicant shall remove the tower, its antennae and
accessory structures (including the equipment building and the fence), down to,
but not including, the concrete foundation from the subject property. The
applicant shall provide immediate written notification to the Planning Director
upon completion of such removal.
14. Within 120 days of the permanent abandonment of the new, 260-foot tall tower,
the applicant shall remove the tower, its antennae 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.
15. 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.
B. Granting of the time extension would not be contrary to the General Plan
or the Zoning Code.
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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.
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