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HomeMy WebLinkAboutPD Recommendation Report (PL-USE-2023-000008) RATTUSE ja.2.6.24 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION AT&T MOBILITY USE PERMIT APPLICATION (PL-USE-2023-000008) Upon review of the request against the guidelines for approving a Use Permit, the Planning Director recommends that a Use Permit to allow the establishment of a telecommunication facility with a 150-foot-tall `monopine' tower and related equipment and improvements within a 1,440-square-foot portion of a larger 7.383-acre 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 recommendation is based on the following findings: The applicant is requesting a Use Permit to construct a new telecommunication facility, consisting of a 150-foot-tall `monopine' tower and equipment compound within a 1,440-square-foot portion of a larger 7.383-acre parcel. The project site includes a ground base equipment compound enclosed with a 6-foot-high chain link fence with privacy slats and a 12-foot-wide access gate. Ground equipment will include a backup 50kW generator with a 221-gallon fuel tank that will be monitored and maintained by AT&T technicians. A tower-mounted antenna array for AT&T will consist of 4 sectors with 4 antennas per sector for a total of 16 antennas, 36 remote radio units, 6 surge suppressors and 1 GPS antenna. All panel antennas and tower-mounted equipment will be painted to match the proposed monopine and no exterior lighting is proposed for the site. The facility will be serviced by AT&T technicians on a periodic basis, approximately once a month during normal business hours. The objective of the new facility is to provide expanded commercial AT&T 4G LTE wireless phone service, along with 850 MHz low-band 5G technology, to fill a significant coverage gap between the communities of Glenwood and Volcano as well as along the portion of Volcano Road that connects these areas. Additionally, the proposed facility is part of an initiative by AT&T to upgrade existing wireless sites and build new -1- sites to support the FirstNet Nationwide Safety Public Broadband Network (FirstNet), intended to improve access to and functioning of 9-1-1 emergency services. The proposed facility will be located approximately 700 feet away from a parcel with an existing Use Permit (USE 15-000059) which allowed Verizon Wireless to establish a 155-foot "monopine" cell tower. As of the date of this writing, Verizon has not constructed the proposed tower and was recently issued an administrative time extension to complete construction by June 9, 2027. AT&T states that although they attempted to communicate with Verizon to determine whether co-location was possible, they received no commitments or assurances that the Verizon tower would be constructed and available for co-location. According to the applicant, AT&T's radio frequency (RF) engineers performed an RF engineering study to determine the required site location and antenna height to fulfill the project's service coverage objectives. The application states that the proposed 150- foot-tall tower height is necessary to reliably fill the existing wireless service coverage gap and to support the FirstNet Network. The Zoning Code requires a Use Permit for telecommunication antennas and towers in the County's Agricultural-3 acre (A-3a) 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: -2- 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 Agricultural, 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, slope, machine tillability and climate. Other less intensive agricultural uses such as grazing and pasture may be included in the Extensive Agriculture category. 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 two decades 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. Moreover, wireless telecommunications have 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 -3- 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. 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 conifer tree which will lessen any adverse visual impacts on surrounding properties. The applicant included photo simulations from several vantage points, showing the proposed tower in relation to the existing buildings and vegetation on the subject property. In addition to constructing the tower as a monopine, as mentioned above, the applicant will paint all panel antennas and tower-mounted equipment to match the proposed monopine and will add slats to the proposed chain link fence. In addition to the above-referenced elements of the General Plan, the request is consistent with Action 3.4.3(e) of the Puna CDP, under Public Safety and Sanitation Services, which states "Encourage enhancement of cell phone service to expand coverage to more remote areas." -4- Based on the preceding, the request is consistent with the general purpose of the zoned district, the intent and purpose of the Zoning Code, the County of Hawaii General Plan and Puna Community Development 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. Properties immediately adjacent to the subject property are zoned Agricultural-3 acre (A-3a) and Agricultural-1 acre (A-la), ranging in size from about 10,000 square feet to 3.8 acres. Larger parcels on the north side of the highway are zoned Forest Reserve (FR) and parcels to the east are zoned Open (0). The properties surrounding the subject property are being used for a plant nursery, dwellings, and agriculture, with several vacant properties. The nearest residence is located approximately 400 feet northeast of the proposed tower location on an adjacent property. As previously mentioned, the applicant proposes to mitigate visual impacts on neighboring properties by constructing the tower as a monopine, painting all panel antennas and tower-mounted equipment to match the proposed monopine, adding slats to the proposed chain link fence and by omitting exterior lighting for the site. Traffic to the project will be consistent with routine maintenance and repair activities performed once a month during normal business hours by an AT&T technician. It is anticipated that the surrounding community will benefit from improved cell phone coverage as the proposed facility will fill a service coverage gap between the communities of Glenwood and Volcano and will improve reliable access to 9-1-1 emergency services. 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 will be required to comply with all FCC and Federal Aviation Administration (FAA) rules. -5- 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 from Volcano Road, a State-owned and maintained road with a 24-foot-wide pavement and an 80-foot-wide right-of-way, through the existing gate and driveway used by Akatsuka Orchid Gardens. The applicant is proposing a non-exclusive access easement approximately 12 feet wide and 885 feet long, for vehicular and pedestrian access, as well as for utilities, over a paved driveway crossing TMK (3) 1-1-020:165. 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 Management Area. The subject property is located about 12 miles from the nearest shoreline, 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: -6- Investigation of valued resources: EBI Consulting (EBI) prepared a Natural Resources Review of the subject property, dated February 22, 2023, which supports a National Environmental Policy Act (NEPA) review of the proposed telecommunications facility, completed in accordance with FCC procedures. According to EBI, the purpose of the review is to determine whether further environmental review is required and whether the proposed facility will result in significant impacts to federal lands, listed species, flood zones, or other significant changes to surface features. The valued cultural, historical, and natural resources found in the area: The review by EBI finds that 25 federal-listed (endangered or threatened) species are known to occur within the project vicinity, however the proposed facility location is not within a designated critical habitat. Furthermore, the permit area has been graded in the past and existing vegetation consists mostly of grass. Possible adverse effect or impairment of valued resources: The above-referenced Natural Resources Review concludes that suitable habitats are not present at the proposed project site that would be capable of supporting listed or endangered species that may be present in the area. As such, the EBI review states the proposed facility is anticipated to have "no effect" on identified listed species. Additionally, as the tower will have no exterior lighting, it is not anticipated to adversely affect migratory birds. By letter dated January 9, 2023, the Department of Land and Natural Resources-State Historic Preservation Division (SHPD) states that no historic properties will be affected by the proposed project. 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. 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 -7- 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 allow the establishment of a telecommunication facility with a 150-foot-tall `monopine' tower and related equipment and improvements 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 February 10, 2023, Supplemental Information submitted on January 11, 2024 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, 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. -8- 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. Should any state or federally listed or endangered species be found on the subject property, the Applicant shall comply with all applicable requirements of Department of Land and Natural Resources- Division of Forestry and Wildlife and/or the United States Fish and Wildlife Service. 8. 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. -9- 9. 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. 10. 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). E. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission for appropriate action. 11. 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-