HomeMy WebLinkAboutPD RECOMMENDATION REPORT (USE 21-000087)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
concem 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. To lessen any adverse visual impacts on surrounding properties, the
proposed facility is set back 110 feet from Saddle Road and the proposed tower is a
stealth "monopine" design that will mimic a pine tree and will be located in an area with
a concentration of other coniferous trees of various heights.
The Hamakua CDP was adopted by the Hawai`i County Council, Ordinance No.
18 08, on August 22, 2018. The request is consistent with Policy 34, which states: "In the
Hamakua CDP Planning Area, applications for Use Permits for wind energy facilities
and telecommunications antennas/towers shall include viewshed and, as appropriate,
line-of-sight analysis to demonstrate how the request does not cause substantial, adverse
impact to the community's character, including open space, public views, and areas of
natural and scenic beauty, and propose conditions to mitigate scenic impacts."
Additionally, Policy 34 includes an associated action step which states, "Require the use
ofplace-appropriate wireless concealment strategies in the development or upgrading of
telecommunication towers as a way to mitigate visual impacts (e. g., cell towers disguised
as palm trees)." Finally, K6kua Action 64 urges telecommunication service providers to,
Prioritize rural broadband access in underserved areas in the Planning Area (e.g.,
rural and mauka areas)."
The applicant included a viewshed analysis and photo simulations showing the
proposed tower in relation to the existing trees and vegetation on the subject property. In
addition, the applicant is proposing to develop a stealth "monopine" tower which will be
disguised as a pine tree to blend with the other coniferous trees on the property. The
proposed tower will also help fill the gap in broadband intemet access in this mauka
section of the Hamakua CDP planning area. Based on the preceding, the proposed project
complies with goals, policies, and actions of the Hamakua CDP.
Both the General Plan and Hamakua Community Development Plan discuss the
importance of protecting native species in order to maintain an ecological balance for the
well-being of the island. The applicant's environmental review found that the project site
is located within a heavily disturbed grassland area of Camp Kilohana and does not
contain habitat for any State or Federally listed sensitive wildlife species. However, the
applicant identified the possibility of several threatened, listed, and endangered species in
the vicinity of the subject property and proposed mitigation measures based on US Fish
and Wildlife Service (USFWS) guidance. Additionally, the 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 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 Hawaii
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 616 -square foot
lease area situated in the northeast corner of the property and is located 110 feet from
Saddle Road and 112 feet from the main lodge building. Surrounding properties are
similarly zoned A -40a and consist of vacant lands. There are no dwellings situated near
the lease area and according to the application, the equipment associated with the facility
operates virtually noise -free and does not emit fumes, smoke, dust, wastewater, or odors.
Based on the preceding, it is unlikely the proposed facility would adversely affect
surrounding properties.
It is anticipated that the approval of the telecommunication tower will be
beneficial to the Waiki`i community and drivers on Saddle Road 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, dirt
driveway off Saddle 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 Waimea and PTA.
According to the Fire Department, the proposed 148 gallon fuel tank will require an
above ground tank permit. 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, HawaPi Revised Statutes, relating to Coastal Zone
Management Area. The subject property is located about three 17 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 January 11, 2021, 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 govemmental 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 105 -foot tall, stealth "monopine" tower 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 April 16, 2021 and representations made
to the Windward Planning Commission.
3. As represented by the applicant, the telecommunication tower and antennas shall
be designed to appear as a pine tree in order to reduce visual impacts of the
project.
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 of the 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 Palila birds in the vicinity of the property, tree cover during the
peak breeding season between January 1st and June 30th shall not be removed
without first conducting surveys for Palila nests within 150 feet of the proposed
work and coordinating with US Fish and Wildlife Service (USFWS) if nests are
found. Surveys shall be conducted by a qualified biologist. Contractors shall not
approach, feed or disturb any Palila found on the subject property.
8. 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 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.
9. To protect any seabirds (Hawaiian petrels, Newell's shearwaters and band-
rumped storm petrel) in the vicinity of the property, any lighting shall be fully
shielded so that the bulb can only be seen from below bulb height. The lights shall
be tumed off when human activity is not occurring in the lighted area.
10. If any 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.
11. To protect any Hawaiian hawks in the vicinity of the property, ground clearing,
grubbing activities and construction shall not occur in the permit area during
hawk breeding season of March to September without first conducting surveys for
hawk nests and coordinating with US Fish and Wildlife Service (USFWS) if nests
are found. Surveys shall be conducted by a qualified biologist.
12. To protect the Blackbum's sphinx moth, a qualified biologist familiar with the
species shall survey areas of proposed activities for Blackburn's sphinx moth and
its larval host plants prior to work initiation. Surveys shall be conducted during
the wettest portion of the year (usually November -April or several weeks after a
significant rain) and within 4-6 weeks prior to construction. Surveys shall include
searches for adults, eggs, larvae, and signs of larval feeding (chewed stems, frass,
or leaf damage). If moths, eggs, larvae, or native `aiea or tree tobacco over 3 feet
tall, are found during the survey, the US Fish and Wildlife Service (USFWS) shall
be contacted for additional guidance.
13. To prevent the spread of harmful invasive species, the applicant shall follow
biosecurity protocols as determined by US Fish and Wildlife Service.
14. In the 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, the applicant shall
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
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
15. 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.
16. 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 of the telecommunication tower and related
improvements and the removal of all structures.
17. 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).
18. 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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