HomeMy WebLinkAboutPD RECOMMENDATION REPORT (USE 20-084)RATT-AlailiUSE.doc 122920
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
AT&T MOBILITY
USE PERMIT APPLICATION (USE 20-000084)
Upon review of the request against the guidelines for approving a Use Permit, the
Planning Director recommends that a Use Permit to allow the construction a non -manned
telecommunication facility consisting of a 100 -foot tall monopole with related equipment
within a 1,050 -square foot portion of a 441 -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 construct a new, non -manned
telecommunication facility, consisting of a 100 -foot tall monopole tower, an antenna
array consisting of four (4) sectors with three (3) antennas per sector for a total of twelve
12) antennas, thirty-six (36) remote radio heads, six (6) surge suppressors and one GPS
antenna. No exterior lighting is proposed for the site. In addition to the tower and
antennas, the 1,050 -square foot (35'x 30') lease area would be used for accessory ground
facilities located within a prefabricated enclosed equipment shelter mounted on a raised
concrete pad. The leased area will be enclosed with a six (6) -foot high chain-link fence
with green privacy slats, and a twelve (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. Additionally, the facility will not interfere with the
County's public safety radio system.
The Telecommunications Act of 1996, Section 704, as amended, which amended
portions of the 1934 Act, limits state or local authorities from regulating the placement,
construction, and modification of personal wireless service facilities on the basis of
environmental effects of radio frequency emissions, as long as such facility towers
comply with the FCC's regulations conceming such emissions.
The objective of this project is to fill a gap in AT&T's 4G LTE network coverage
experienced by its customers in Kama`ili Homesteads, Kalapana, and areas south of
Pahoa and along Pahoa-Kalapana Road. The facility would also fill a gap for emergency
responders and provide a needed site in the FirstNet program, which is the Country's first
nationwide communications platform dedicated to public safety. According to the
applicant, FirstNet gives first responders a dedicated highly secure, interoperable network
supporting voice, data, text, and video communications. In addition, the site will also
expand AT&T's 50 network in support ofthe next generation of wireless technology.
The monopole tower will be designed to accommodate co -location of antennas for
other qualified providers if it can be done without substantial interference to AT&T's use
of this tower. According to the applicant, there are no existing telecommunications
facilities available for collocation that offer coverage along Pahoa-Kalapana Road, south
of Leilani Estates. Two alternative properties were considered to the south and north of
the subject property along Pahoa-Kalapana Road, but the property to the south was not
selected because it sits at a lower elevation and the property to the north was not selected
because it would not provide as much coverage towards Kalapana. According to
Attachment 3 of the application, the proposed 100 -foot tall monopole is the minimum
height necessary to fill gap coverage and provide reliable telephone and data service. The
applicant also considered a 50 -foot tall tower but determined a 100 -foot tall tower is the
minimum height needed to achieve adequate coverage.
The Zoning Code requires a Use Permit for telecommunication antennas and
towers in the County's Agricultural -20 Acres (A -20a) 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
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 Extensive Agriculture, which includes lands that are not capable of producing
sustained, high agricultural yields without the intensive application of modem fanning
methods and technologies due to certain physical constraints such as soil composition,
slope, machine tillability and climate. Allowable uses within these areas may include
community and public facilities. The request is also 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 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, and the intemet. 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 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. 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 ofthe facilities shall consider the
existing environment, and scenic view and vistas shall be considered and preserved
where possible. The General Plan identifies views of Mauna Kea and Mauna Loa from
various Puna subdivisions as an example of natural beauty in the Puna district. The
proposed telecommunication tower and antennas will be designed to look like a broadleaf
tree, which will lessen any adverse visual impacts on surrounding properties.
The Puna Community Development Plan (CDP) was adopted by the
Hawaii 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."
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Both the General Plan and Puna 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 memos the US Fish and Wildlife Service (USFWS) and
Department of Land and Natural Resource- Division of Forestry and Wildlife (DOFAW)
recommended several measures to avoid or minimize project impacts to threatened, listed
and endangered species that may grow, roost, nest or flyover the area. 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, which is
administered by the USFWS, the applicant will be required to implement mitigation
measures as conditions of this permit. 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 of Hawai`i 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 proposed facility will be located in a 1,050-square
foot lease area situated in the northeast tip of the 441-acre property and is over 4,000 feet
from a quarry on the subject property, is setback about 420 feet from Pahoa-Kalapana
Road, and located over 700 feet from the north and west property lines. Surrounding
properties are similarly zoned A-20a and consist of vacant lands and farms. The closest
dwelling is located about 1,100 feet northwest of the lease area. Thus, it is unlikely any
noise from the ground equipment would adversely affect neighbors.
Public testimony was provided by a neighbor whose property is located about
1,000 feet northwest of the proposed permit area in the Alaili Road subdivision. The
neighbor's property sits at an elevation of about 1,140 feet, which is about 80 feet above
the proposed tower site. Their concern was that the tower may obstruct or diminish views
of the ocean and they requested the tower and antennas be designed to look like a tree.
The applicant is amenable to a stealth design and offered to disguise the pole and
antennas as a pine tree, palm tree or broadleaf tree. The broadleaf tree design would most
closely blend with the surrounding non-native and `bhi`a vegetation. With
implementation ofthese measures, it is unlikely that there will be a significant adverse
impact to the community's character or to surrounding properties.
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. Only electrical and
telephone services are required for the proposed use and those utilities will be supplied
via overhead lines into the lease area. Access to the subject property over a private,
gravel and dirt driveway off Pahoa-Kalapana Road is sufficient since this is a non-
manned facility that will generate very little traffic. Water and wastewater disposal are
not required for the proposed use and fire and police services are available from stations
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 205A, Hawaii Revised Statutes, relating to Coastal Zone
Management Area. The subject property is located over about three (3) 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. In a letter dated July 20, 2020, the Department of Land and
Natural Resources-State Historic Preservation Division (SHPD) determined that no
historic properties will be affected by the proposed use. 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.
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.
Based on the above, it is recommended that the request to construct a non -manned
telecommunication facility consisting of 100 -foot tall monopine with related equipment 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 dated November 3, 2020 and representations
made to the Windward Planning Commission.
3. The telecommunication tower and antennas shall be designed to appear as a
broadleaf tree in order to reduce visual impacts to surrounding properties.
4. 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), Hawaii
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.
5. Prior to commencement of operation ofthe facility, the applicant shall secure and
finalize any building permits for the proposed use required by the Department of
Public Works - Building Division.
6. 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.
7. To protect any Hawaiian hoary bats in the vicinity ofthe property, barbed wire
fencing shall not be used in the permit area and woody vegetation over fifteen
15) feet in height shall not be disturbed, trimmed or removed during bat birthing
and pup rearing season of June 1st to September 15th without first conducting
surveys for bat nests and coordinating with US Fish and Wildlife Service
USFWS) if nests are found. Surveys shall be conducted by a qualified biologist.
8. To protect any seabirds (Hawaiian petrels, Newell's shearwaters and band-
rumped storm petrel) in the vicinity ofthe property, any lighting shall be fully
shielded so that the bulb can only be seen from below bulb height. The lights shall
be turned off when human activity is not occurring in the lighted area.
9. Ifany Hawaiian Goose (Nene) are present during construction activities, then all
activities within 100 feet (30 meters) should cease, and the bird should not be
approached. Work may continue after the bird leaves the area of its own accord.
Contact DLNR-Division of Forestry and Wildlife if a Nene nest is discovered.
10. To prevent the spread of Rapid `Ohi`a Death, a survey of the proposed site shall
be conducted two weeks prior to any tree cutting to determine ifthere are any
infected `bhi`a trees. If infected `6hi`a are suspected at the site, the applicant shall
contact the appropriate agencies at UH-Hilo and USDA for further guidance. If
bhi`a trees will be cut during construction, the applicant shall follow procedures
as determined by US Fish and Wildlife Service.
11. To prevent the spread of harmful invasive species, the applicant shall follow
biosecurity protocols as determined by US Fish and Wildlife Service.
12. 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.
13. 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. All exterior
lighting shall be shielded.
14. 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 ofthe 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 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).
15 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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