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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-USE-2023-000020)RRenegadeUSE ja.11.6.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION RENEGADE TOWERS, LLC USE PERMIT APPLICATION (PL-USE-2023-000020) 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 of an unoccupied, multi -carrier telecommunications facility to include a 150-foot-tall `monopole' tower and related equipment within a 4,994-square foot portion of a larger 44,214-square foot parcel, 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, unoccupied telecommunication facility, consisting of a 150-foot-tall `monopole' tower with antennas, equipment cabinets, utility h-frame and diesel emergency generator. The 4,994-square foot project site includes a 2,244-square foot (66' x 34') equipment space enclosed with a 6-foot-high fence and a 2,750-square foot (275' x 10') access road (please note that the application incorrectly states the access road land area as 275 square feet.) The tower, which will be painted to blend with existing vegetation, will be designed to meet the 2018 International Building Code and withstand a basic wind speed of 144 miles per hour. Security lighting, meeting with the County's lighting ordinance, will be mounted near the ground equipment. The proposed facility will be unmanned; however, maintenance and repair activities will be performed by service personnel approximately once a month or during an emergency outage. It should be noted that the applicant develops towers for the wireless community. The objective of the new facility is to improve existing cell phone coverage in nearby residential neighborhoods including, but not limited to, adjacent areas of the Hawaiian Ocean View Estates (HOVE) subdivision and the Hawaiian Ranchos subdivision as well as extending coverage on Hawaii Belt Road. Additionally, the -I- proposed facility will improve indoor coverage in HOVE and provide emergency call services in areas with little or no present coverage. The proposed tower will be designed to accommodate the co -location of telecommunication carriers. According to the applicant, AT&T has committed to locating on the tower as the anchor tenant while T-Mobile and Verizon Wireless have expressed interest in co -locating in the future. According to the applicant, the proposed 150-foot-tall tower height is necessary to overcome topography and tall trees to ensure the proper line of sight needed to extend service to the Hawaiian Ranchos subdivision and extend coverage both northwest and southeast of Hawaii Belt Road. If the tower height were reduced, it would reduce the coverage footprint for AT&T and 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-1 acre (A -la) zoning district. In considering a Use Permit for any proposed use, Rule 7 of the Planning Commission Rules of Practice and Procedure, 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 -2- 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 Rural, which includes existing subdivisions in the State Land Use Agricultural and Rural districts that have a significant residential component. Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The request is consistent with the Land Use, Economic, and Public Utilities elements of the General Plan. While the telephone remains an essential means of voice communication for most residents in Hawaii County, 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, 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 -3- 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. It should be noted that there are no General Plan designated natural beauty sites or vistas located in the vicinity of the subject property. In addition to the above -referenced requirements of the General Plan, Policy 58 of the Ka`u Community Development Plan (KCDP) states, "In the Ka`u CDP Planning Area, applications for Use Permits for wind energy facilities and telecommunications antennas and towers shall include view plane 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 proposed conditions to mitigate scenic impacts." The applicant included a viewshed analysis and photo simulations from several vantage points (including from Kahuku Park, from Paradise Parkway and from Princess Ka`iulani Boulevard) showing the proposed tower in relation to the existing trees and vegetation on the subject property. To mitigate visual impacts, the applicant intends to paint the tower to blend with the surrounding area, to add green slats to the proposed chain link fence and proposes planting Norfolk pine trees in strategic areas to minimize any concerns of the nearest neighbors. In addition, the applicant is proposing a monopole tower, rather than a stealth pole (`monopalm'/`monopine') given that its smaller 10 silhouette is less visible than a stealth pole mimicking a tree. 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. Lastly, the subject property is not listed as an area of natural beauty in the General Plan. 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. Surrounding properties, which range in size from about 1 acre to 6 acres, are predominantly zoned Agricultural-1 acre (A -la) with one zoned Agricultural-3 acres (A-3a) and another zoned Village Commercial-40,000 square feet (CV-40). There are many vacant properties surrounding the subject property with others being used for churches, dwellings, and agriculture. The nearest residence is located approximately 220 feet southwest of the proposed tower location on an adjacent property. As previously mentioned, the applicant proposes to mitigate visual impacts on neighboring properties by painting the tower a color to blend with the surrounding area. No exterior lighting is proposed on the tower and only security lighting, meeting with the County's lighting ordinance, will be mounted 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. Additionally, the applicant states that noise impacts will be minimal, as the facility operates virtually noise -free beyond 100 feet from the project area and traffic to the project will be consistent with routine maintenance and repair activities performed once a month by a service technician. As of the date of this writing, two public comments have been received by the Planning Department, one which supports the project based on the area's need for improved cellular coverage, and another which opposes the project based on health concerns. -5- It is anticipated that the surrounding community will benefit from improved cell phone coverage as the proposed facility will improve existing cell phone coverage in nearby residential neighborhoods including, but not limited to, adjacent areas of the Hawaiian Ocean View Estates (HOVE) subdivision and Hawaiian Ranchos subdivision as well as extending coverage on Hawaii Belt Road. Additionally, the proposed facility will improve indoor coverage in HOVE and provide emergency call services in areas with little or no existing coverage. According to the applicant, the operation of the antenna does not present health hazards or cause interference with other electronic appliances and equipment. Further, the Telecommunications Act of 1996, Section 704, as amended, recognizes the absence of health hazards from wireless radio wave transmissions and prohibits local authorities from regulating the placement of such towers based on environmental effects, so long as the towers comply with the Federal Communication Commission's (FCC) guidelines. The applicant and subsequent tenant telecommunication service providers will comply with all FCC and Federal Aviation Administration (FAA) rules. 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. Access to the facility will be off Paradise Circle Makai and the proposed access driveway will be compacted dirt, 10 feet wide and approximately 275 feet long. The proposed use will require fiber optics and electricity, which are either available to the site or will be addressed by the applicant's proposed installation of a microwave dish. No public expenditures for road, street, sewer, water, drainage, school, or increased police or fire protection are required. Finally, the applicant and/or any telecommunication service provider tenant will be required to meet all applicable agency requirements, including the FCC and FAA. 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 M Management Area. The subject property is located about 5.7 miles from 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 request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa `akai O 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: Investigation of valued resources: Scientific Consultant Services, Inc., conducted a cultural resources review and archeological field inspection of the subject property, with conclusions included in a report dated June 27, 2023. The valued cultural. historical. and natural resources found in the area: The above -referenced report concluded there are "no historic properties located within the 0.5-mile radius APE [Area of Potential Effects] of the current project area", that "there will be no direct impact to any archeological sites" and "no added indirect visual impacts to sites from the construction of the proposed cellular tower." By letter dated July 19, 2023, the Department of Land and Natural Resources -State Historic Preservation Division (SHPD) concurred that no historic properties will be affected by the proposed proj ect. Possible adverse effect or impairment of valued resources: Native plants, endangered species or other valued resources are unlikely to be impacted as the subject property has been impacted by previous mechanical activities. A request for comment was sent to the State Department of Land and Natural Resources — Division of Forestry and Wildlife, however no response has been received as of the date of this writing. -7- Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. An inadvertent finding condition will be added in the unlikely event resources are discovered on the property during construction activities. 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 preceding findings, it is recommended that the request to construct an unoccupied, multi -carrier telecommunications facility to include a 150- foot-tall `monopole' tower and 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 ("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 submitted on October 20, 2023, and representations made to the Windward Planning Commission. 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 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, in 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. 4. Prior to commencement of operation of the facility, the Applicant shall secure and finalize all required building permits for the proposed use from the Department of Public Works - Building Division. 5. Co -location of antennas upon the proposed tower and the addition of related support and ground equipment is required 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. 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. 7. 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. ME 8. 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. 9. 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 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). 10. 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. -10-