HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-USE-2022-004) RRenegadeUSE.ekem.8.22.22
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
RENEGADE TOWERS, LLC
USE PERMIT APPLICATION (PL-USE-2022-000004)
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 on a 4,108 square foot portion of a larger 14.622-acre parcel, be
approved by the Planning Commission with the exception that the facility should consist of
a 180-foot tall, stealth `monopine' tower with related equipment, instead of the applicants
requested monopole configuration. 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 180-foot-tall monopole tower, painted to
blend with the surrounding area, an antenna array consisting of three (3) sectors with four
(4) antennas per sector for a total of twelve (12) antennas, twelve (12)remote radio
heads, two (2) surge suppressors and one (1) GPS antenna. No exterior lighting is
proposed on the tower and only security lighting,meeting with the County's lighting
ordinance, will be mounted somewhere near the ground equipment. In addition to the
tower and antennas, the 2,808-square foot(36' x 78') equipment lease area would be used
for accessory ground facilities located within three (3) equipment cabinets mounted on a
raised concrete pad and a backup 30kW AC generator. The leased area will be enclosed
with a 6-foot-high chain-link fence with green privacy slats, and a locked access gate.
The lease area will be accessed via a 130-foot long, 10-foot wide, compacted gravel
access road (1,300 square feet total) from Kaumana Drive. 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 and
subsequent tenant telecommunication service providers will comply with all Federal
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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 concerning such emissions.
The objective of the new facility is to improve the existing cell phone coverage by
filling spotty coverage in the nearby residential neighborhood and provide coverage on
Daniel K Inouye Highway as far mauka as possible. This facility also will provide E911
services in areas that currently have little or no coverage.
The monopole tower will be designed to accommodate co-location of up to four
(4) telecommunication carriers. According to the applicant, in addition to AT&T (anchor
tenant), Verizon Wireless and T-Mobile have expressed interest in co-locating in the
future. Further, there are no existing telecommunication facilities available for co-
location in the area of the proposed facility.
On July 7, 2016,the Planning Commission approved Use Permit Application No.
16-000063 for applicant Verizon Wireless to construct a new telecommunication tower
on TMK (3) 2-5-002:005. However, according to Verizon Wireless, due to the
prohibitive estimated cost of$1 million to bring electricity to the project location, they
are no longer interested in constructing the new tower. Verizon Wireless has since
abandoned the project and plans to co-locate on the new project facility if the requested
Use Permit is granted. Therefore, if Verizon Wireless does not submit a request to revoke
Use Permit No. 16-000063, the Planning Director will initiate procedures to revoke the
permit.
According to the applicant, the proposed 180-foot tower height is necessary to
overcome topography and tall trees to ensure the proper siting of antennas on the tower to
provide needed line-of-sight to extend service to the surrounding area and as far mauka
along Daniel K. Inouye Highway (Saddle Road) as possible. If the tower's height were
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reduced, it would reduce the coverage footprint of AT&T and the other carriers who
would eventually co-locate on the tower.
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 modern farming
methods and technologies due to certain physical constraints such as soil composition,
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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 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. 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
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where possible. It should be noted that there are no General Plan designated natural
beauty sites or vistas located in the vicinity of the subject property.
The applicant included a viewshed analysis and photo simulations from several
vantage points (including from Saddle Road, mauka and makai views from Kaumana
Drive, and from within the Kaumana City subdivision) showing the proposed tower in
relation to the existing trees and vegetation on the subject property. Given the close
proximity to dwellings within the subdivision (as close as 270 feet), that visual impact
would be the most stark and constant,while views from the other vantage points are not
as impactful as they are farther away and temporary in nature.
To mitigate these visual impacts, the applicant proposes to paint the tower to
blend with the surrounding area and believes that the surrounding tree cover and
vegetation will help blend the tower within the existing landscape. In addition, the
applicant is proposing a monopole, rather than a stealth pole (`monopalm'/`monopine')
given that its smaller silhouette is less visible than a tree pole. The applicant further states
that stealth tree poles do not weather well in Hawai`i making them an eyesore within a
short period of time.
Despite the preceding, to better mitigate visual impacts to the surrounding
community, the Director is recommending that the tower be developed as a stealth
`monopine' tower which will be disguised as a pine tree to blend with other trees and
vegetation on the property. Furthermore,more than half of the telecommunication tower
applications received by the Planning Department and approved by the Commissions
over the past five years have been proposed to be of stealth pole design, despite them
being more expensive to build. Finally, there are examples of stealth poles that have
successfully held up well in the elements of Hawaii island.
The General Plan discusses the importance of protecting native/endangered
species in order to maintain an ecological balance for the well-being of the island.
According to the applicant, the undeveloped area of the property (including the permit
area), is largely primarily vegetated with `uluhe fern, `6hi`a lehua trees, and various wild
orchids. The application did not,however reference any animal species likely to be found
in the area. Because of this omission, staff looked at Use Permit No. 16-38,which was
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granted for a 198-foot-tall tower and related improvements on a parcel located
approximately 1.2 miles mauka of the subject property.
That permit application found that it was likely that several threatened, listed, and
endangered species could be located within the vicinity of that parcel (including the
Hawaiian hoary bat, Hawaiian hawk,Newell's shearwater, and Hawaiian petrel), thus
given that parcels close proximity to subject property that permit area and the migratory
habits of those avian species, the Director believes it is prudent to apply conditions
(based on mitigation guidance from the US Fish and Wildlife Service and the DLNR-
Division of Forestry and Wildlife)to this permit in order to avoid or minimize project
impacts to threatened, listed, and endangered species that may grow, roost, nest, or
flyover the area.
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 2,808-square
foot lease area situated in the southwest corner of the property located approximately 172
feet from the nearest edge of pavement on Kaumana Drive, approximately 270 feet from
the nearest dwelling, and about 1,000 feet from the closest dwelling on the property.
Surrounding properties are similarly zoned agricultural (A-la and A20-a) with
adjacent properties to the east, south, and west vacant of any improvements. However,
despite the agricultural zoning, properties to the north, across Kaumana Drive are part of
the Kaumana City subdivision and consist non-conforming,residential lots ranging in
size from 7,500 to 33,000 square feet.
According to the applicant, the facility operates virtually noise-free beyond 100
feet from the project area, and does not emit fumes, smoke, dust, wastewater, or odors.
Furthermore, traffic to the project will be consistent with routine maintenance and repair
activities, be performed by a technician on a periodic basis, typically once a month within
normal working hours.
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As discussed above, the main impact on the surrounding community will be
visual, however, that impact can be largely mitigated by the development of a stealth
`monopine' tower. No exterior lighting is proposed on the tower and only security
lighting, meeting with the County's lighting ordinance, will be mounted somewhere near
the ground equipment, which given the distance from the nearest dwelling, site
vegetation, and topography of the area, should not negatively impact the surrounding
community.
It is anticipated that the approval of the telecommunication facility will be
beneficial to the surrounding community and drivers on Kaumana Drive and Daniel K.
Inouye Highway (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. Access to the facility will
be from a new driveway intersection with Kaumana Drive, which is a County owned and
maintained roadway. The proposed access road will be ten (10) feet wide and
approximately one hundred thirty (130) feet long and finished with compacted gravel to
the equipment lease area.
The Department of Public Works (DPW)recommends that a DPW approved
driveway apron be installed as they have no record that one has been installed in the area.
Furthermore, any construction within the County right-of-way shall comply with Chapter
22, County Streets of the Hawaii County Code. As the proposed driveway location is in
an area where Kaumana Drive curves and sight distance may be an issue, the Director
recommends that the applicant include a site distance analysis and provide any site
distance improvements as may be required by the DPW. The preceding will be added as a
condition of approval.
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Only electrical and telephone services are required for the proposed use and those
utilities will be supplied via overhead lines into the lease area. Water and wastewater
disposal are not required for the proposed use and fire and police services are available
from stations in Hilo.
Finally, the applicant and/or any telecommunication service provider tenant 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 about 6.8 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. 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.
The application included a report entitled, "Cultural Resources Review and Field
Inspection"dated February 5, 2022,prepared by ACE Environmental, LLC. The report
documented the process an archival research and literature search of cultural and
historical resources in the area as well as an Archaeological Field Inspection (by
Scientific Consultant Services) of the entire permit area. The report found that no historic
properties were located on the property or within a 0.5-mile radius that would be
impacted by the proposed project.
In a letter dated April 4, 2022, the Department of Land and Natural Resources-
State Historic Preservation Division (SHPD) determined that no historic properties would
be affected by the proposed use.
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
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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, it is recommended that the request to construct a non-
manned telecommunication facility consisting of 180-foot-tall, stealth `monopine' tower
with related equipment on a 4,108 square foot portion of a larger 14.622-acre parcel be
approved by the Planning Commission. Approval of this request is subject to the following
conditions:
1. The applicant,its successors, or assigns (Applicant) 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 June 23, 2022 and representations made
to the Windward Planning Commission.
3. The telecommunication tower and antennas shall be designed to appear as a pine
tree in order to reduce visual impacts of the project on the 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 tower/antenna
plans shall be stamped by a licensed structural engineer.
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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. The Applicant shall install a driveway access apron in conformance with Chapter
22, County Streets, of the Hawaii County Code. Project access to Kaumana
Drive, including the provision of adequate sight distances, shall meet with the
approval of the Department of Public Works.
7. 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.
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 turned off when human activity is not occurring in the lighted area.
10. 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
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hawk breeding season of March to September without first conducting surveys for
hawk nests and coordinating with the USFWS if nests are found. Surveys shall be
conducted by a qualified biologist.
11. 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 if there are any
infected `6hi`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`6hi`a trees will be cut during construction, the Applicant shall follow
procedures as determined by the USFWS.
12. 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.
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 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:
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A. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the Applicant 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.
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).
16. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate procedures to revoke this permit.
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