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Home My WebLink AboutCOM 0606.000 2008-2010 William P. Kenoi Mayor William T. Takaba Managing Director Wally Lau Deputy Managing Director County of Hawaj'j 891 Ululani Street. Hilo, Hawai'i 96720-3982 . (808) 961-821\ . Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite] 03 . Kailua-Kona, Hawai'i 96740 (808) 329-5226 . Fax (808) 326-5663 S?5 tIt; Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 333 KIlauea Avenue Hilo, HI 96720 <:..oJ c:-;;. --{ C,) o October 29, 2009 ~ 1'-.. 1---.- o Dear Chaimlan Yoshimoto and Members: Planning Director Initiated Amendment to Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Solar Energy Facilities As required by Chapter 4, Sec. 6-4.3(C), Hawai'i County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letter and enclosures regarding the above-referenced matter. Sincerely, . .'~~i(7<\) ~~ William P. Kenoi Mayor Enclosures cc: Plamling Department (BroU \10) Comm. NO.-4~(o Ref. To: Ref. Date NOV 0 4 ?OOI':l "...'i.:f County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hila, Hawai'j 96720 Phone (808) 961-8288 . Fax (808) 961-8742 October 29, 2009 !-o o The Honorable J Yoshimoto, Chairman and Members of the County Council County ofHawai'i 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chainnan Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25 (Zoning Code) ofthe Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Solar Energy Facilities The Windward Planning Commission at its duly held public hearing on October 2,2009, considered the request by the Planning Director for an amendment to Chapter 25 (Zoning Code), Hawai'i County Code 1983 (2005 Edition, as amended) allowing solar energy facilities within the County's Agricultural zoned district provided that the property is within the Land Study Bureau's class D or E soils category. The Windward Plmming Commission voted to forward a favorable recommendation to the County Council for this request. We have enclosed the Planning Department's Background & Recommendation Report and a transcript of the hearing for your infoffi1ation. -I Sincerely, p-e-0_~~tZ Rell Woodward, Chairman Windward Planning Commission I I'D In i tia ted-so larenergyrac i I i ties WW PC cc: Planning Department-Kona Lincoln Ashida, Esq. Hawai'i County is an Equal Opportunity Provider and Employer "') c:::::. ,~:::. c..c. c::::> CJ -I c.." o ::0 :3 ~ ~ County of Hawai'i PLANNING COMMISSION Aupuni Center. 101 Pauahi Street, Suite 3 . Hilo, Hawai 'j 96720 Phone (808) 961-8288 . Fax (808) 961-8742 October 29, 2009 The Honorable J Yoshimoto, Chairman and Members of the County Council County of Hawai 'i 333 Kilauea Avenue, 2nd Floor Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Planning Director Initiated Amendment to Chapter 25 (Zoning Code) of the Hawai'i County Code 1983 (2005 Edition), As Amended Relating to Solar Energy Facilities The Leeward Planning Commission at its duly held public hearing on October 16,2009, considered the request by the Planning Director for an amendment to Chapter 25 (Zoning Code), Hawai'i County Code 1983 (2005 Edition, as amended) allowing solar energy facilities within the County's Agricultural zoned district provided that the property is within the Land Study Bureau's class D or E soils category. The Leeward Planning Commission voted to forward a favorable recommendation to the County Council for this request. We have enclosed the Planning Department's Background & Recommendation Report and a transcript of the hearing for your information. Sincerely, RO~b~a~ Leeward Planning Commission !PO Initiated-solarenergyfacili tiesL WPC cc: Planning Department-Kona Lincoln Ashida, Esq. Hawai'i County is an Equal Opportunity Provider and Employer ;: J . J ' j " r"'" ') , " .~ . ), . =:if .' ,!3R,PLlJS<>!arEnewy,,~<?C-9/?/09 . . . - . COtJNzfX";()FIIA WAIl PLANNING DEPARTMENT ., "':', ',,'__ ,,-._,-"._:""~ ":\;f, . , ',..:," -,' ,:_ .. '_' ........ ", "-;\:-.__-'-",'~-' .-,,~' . . .....,BACK6R0UND ANDRECOMMEND.ATION. . " '"". '''.l:~r "~\'. ," , ~', ~",-.' ''>:'' .~ ;" ~ - _0 "; Il~HtiA~()R~P1iANNlNG7DiRECTOR . AMENPM1FiN;WTd p~rt~R,25.JZONINGCODE) . OF,Tmt~W1\:IlC0uN~(10DE~983 (2~O5. EDplOl'!), : 0::,'; ~<~_'.:;' ,~;.,;" :,;'" / ';'f : .' ." 'l'he,pl@ijivg'Pire~to~,~~~iinitiatlng an amJndmept to Ch4ptet .~~... {i9~ngCoq~)Qftlje. ,.,;'--._.' '~"';';,.>,'._;;-'::(.:_",'::::"'-~-_.~*<,'.'__-~:.',?':>',"'t.,. "', :. " ',. .'. ._.... ,,- ", ';.,'.\,,'.~~>":,';'.\' ":'".-', -... " "", ,.,..~.~r. .' FIaw(liiOQ4i1t)'(JPg~JlW~;;(2PQ5 eqi~iQn) n~J~tfug.tO~plar enefwof~(jiiitl~s: The ptoP9s6<t. amenditfeftts~~I{~t():~~Aat;t~~'~Q~ng eoq~. to all~WClsplat \~i1~fGi~~i.fityas. ~'perinitt~duse ',' '-;_"","::, ,: :-':.,: ,"',:: ' :::':",:,.:':::.',':'~:',_ <:',-_:':.d._~":<:,' '_', ,', '.~;: " ':,' ".....-. . .- - :" -. , . - -' .. . Withilj;tf{~:St(lt~taP~;tJ~e' ~gii~tilti!ialDistricf . . . . ~~~~~~~' i'\",,', .'. ....... '.' ..... . .)<. ..' ". ." '. '. '.'~, '~l!ntig,t~~'~OQ~,St~t~;1~~~isl,ative 'Se~~ioi1"thejegisl~fure'~g~pte'f{\.Ct.~ ~i. {PlanniJig' . '~l~~1~t~:~~~li~;:e;;~;~;;d:~~~t~;t~1;.';:\~ .a~)pv~t~Il,{m(l~t~t1:;ptQ9l;i~tj~W\,f;cltWgofqCls,s~f~?'?&QQr),.gf 'w:" '~ei.W 1>.991'). Tlie'l~~sl~Wt~ ' firlds tli~~~U~~n~,:'~~i~;!~*~}~;fd~lli~iesto ~y c9P~imct~~,:on'm~~~:,a~cu1wral i~~stll'y be . . .,.'.' ,.....,.-', '.~,"__>.'?"_.'_.-'<',___',r:..'.:.,;,._ ~ _" '.- '.~ >::\ '._'"." "'.' ;',\:_',t,:,,_, _' ,,:" '.. '. ,,_,'_.._,,:,,'.'- . ":. . more. :beil;~fj(:ial forHa.w:'!i',j'tb~Jl tOle,ave su~bhlri4~fallow.. 1;he J?JIwose o(the ~ilJist:oamend . . .-',.".->'::....,-~'._".:.____.(_'.;>.\'1:~.'>:'.,/;'~.,_':.~;\\:':~;_.'-:,',': _, ,'_.,':,-".,", ' . . ,.'"_'_:'.;',~::"'~ ,':_,. :,.'_~~, -'__::~';' . the z()nii1g:J(jQde,tg;t~t1e~l,tij~"ch@,pge enaete4;{jyA:ct31 by peFrn1.tiilig'sqlar~rieiID:faci~i!i~~ WitlfuiJ~(("Cbqhty?i~A~~gl~t~J;~i,~~ricton l~~~~{qb~si~at~d~s Cl~~~:~fP"-Qi:~;E~':' '," ,~~ '. ,:the.l~gislahife'st~t~~\'i~~f:rei1~)vable '.en~~gyresotiryes ~il';gre.~~lY bel1.efit,l-I~wcii~i ;'$' econ0ni~, :en'liroflrne4ke~~t~~s~2urityan4,su.sta~,abjlity: TMi~ir~ased use ofIr~wai~i';s J.. . a/)un4ant rO)l~w'hl~~ne(gy~$Ources$OCh as win<l,' $OJ;,oco$O th~Way~, 3!td'hjo~~s resources i~l(ey t'o,req\lqiog.JlaWcHTs greep~ous~g,as emissiOIlS and:contribu#owtogl()p~ . . wcpll1ing, ~s'~!at~g:;j~1\~i:'~J>,ij~'w~'i'str~d~ qe~eit is a si~fica.n(iml?e.Q@ent:fQ:~a~~i:i's '.. __,-.., ,....',_ " . ': ,~,,:,?),-:;;_,~_,,---::,..-, :,. ,:. ..' ~:.'" .-;, ,: _, _ '~,~.,,-::,:;_,,"'-'~ .-.o.-.-.'~".:" . " . _ ::.' gqi>>ofecpi1~mical1d;.~n~f:gy ~~~urityand sust~qabiUty, with eXPQrtS;',(~ri~ludjng'g9.dds and -,'. '., '_':_.,. ..'-'<:,~<" '. "':-"'."-}-~(':'_:"':":"__:~'::">,' ":'.>. . "':. .',':':.,' :..~. ",.' "', . .,_ ," t",,', /" -,.:.< _. .:-..'),''''~: '. _ _' . serVi~-esaiidvisitQr ~p~i14ing)J~ggitig significantly peruhg'imports, in.2006., liithesam~year, ''';'-, ,.:.., ',.', - ,'.~ .' ....~' ''--''''i':' : . '. ~ ,. '. ,\ '. . / .', . ,.' . ',.' , HaWaiTs6ii,~i11pott~,~bc<>u.rti~dlqr approxjmately 15% oftotalimPQrts. Over 93% QfII~wai'i's energy is' supplied b~ fossil fueL ' .. " . . -J- Carro. 606 Bill 170 r ," I /" 1 J. , -' . ." ., . ',. . . . '. .Qh~H?~~t;g? :.~~8)}iP.&)"9ftheHa..wc,tii Covnty Q()de 1983 (20Q5 '~cli~~<>.n~;i~pr,bp()~~Q t~ b~ .....'...:, ~.""',;:',~;?_....-':"'~;-,,:_' ---,." - "'.: .,"._.:'..,,, -,', , '.:"--_:~-""'-:"~:'~".": "",...":"'/" " ai11encl~9l!_sa#:a:G4~4})13i\lli~gpepartmeQt Exhjbit 2. (Material to. bedeletedi~ braGketedand.. ~tnl6k't~b~~;~~l~i-i~tO-'b;-~~ded is underscored) . . .. .' - . , .' -' '. . "'. i'" .... 'I_.'.- ',". . " " . ~ .' ~ ,,','. ' -'-' > ',_. .. RicoMl\iii1\1n:A,1;I()N :.~9~::t~~i~~~~~~:~:n:~:~n~Dt~:~::~~ij~~;~;t~:~dm~{ .']9 GI.1C!pi~~\~~;~~Aruni)~:~Pith~;l'lCl~air COUPh':@ode i983(200?e'ciiiikri,)':r~1~1Jri!nb:'s()i~f;'energy' , -ta~~~ii~{':~G~__~~~~~~i~~~'dt~:biIl."is'~l"9Y1~~.f9r'YQUr-t~VQr~b!~:~~risi~erit16ns'~' . - _'.'_ ,,-, ,_," .,-~",:':< -'":;,,,-,~}.,\:;:~'.,<,,: .>...... . ,C", .' . '_'.' ,-._ ,,'. '\'_~ ."c'.,'-. ,'. .l' ,. .. .;,-.... I"~ . .i -2- I , . ',' .",., -) ') ) GO L Approved by the Governor Am 23 mI ACT 0 31 H S' 'NO '2502 . . ." _ · . H.D. 2 rI House Of REPRESENTATIVES TWENTY*FOURTH LEGISlATURE. 2000 STATE.oF HAWAII ,.. A BILL FOR A'N ACT RELATING TO SOLAR ENERGY. BE IT ~NActED BY THE LEGISLATURE OFTllE STAT~ ()FI:IA WAil: 1 SECTION 1. The legislature finds that r~newaple energy 2 resources can greatly benefit Hawaii's economy, environment, 3 energy security, and sustainability. The increased use of 4 Hawaii's abundant renewable energy resourees, such as wind, 5 solar, ocean thermal, wave, and bioinas,s 'resources, iakey to (; reducing Hawaii' sgreen house gas emissions arid contribution to 7 global warming and creating new job opportunities and economic 8 diversification. 9 The legislature als.o finds that Hawaii's trade deficit is a 10 si9nificant impediment to Hawaii t s goal of economic, and energy 11 secui:'ity and $ustainability. Specifically, in 2006, Hawaii 12 goods and services exports were only $16,300, DAD, 000, including 13 visitor spending, while imports were approximately 14 $24,000,000,000. The legiS,lature further finds thC)t Hawai:Vs IS oil imports totaled $3,400,.000,000 for the year, accounting for 16 approximately 15 per cent of the total imports. Over 93 per 17 cent of Hawaii's energy is supplied by fossil fuel. The 18 legislature further finds that allowing solar energy t~cil~ties HB2502 Ho2 HME 2008-2517 IIIIIIIIIIIOIIIIIIDIIIIII Planning Dept. I Exhibit / , " 1 2 3 4 -5 6 7 8 9 10 11 12 i3 ,14 15 16 17 18 19 20 21 22 -) ) to be built on marginal agricultural lands may have more beneficial effects for Hawaii's economYI enviIbnment~ and ener~y se~ur1ty than leav.ing such lands un~sed. The purpose of tbis A~t is to inclQde a ~olar ~nergy facility as a permitted use within the agricultural district 'On land with soil classified 0 or' E. SECTION 2. Section 205-2, Hawaii Revised Statutes, is amended by amending subs~ction (d) to read a,s follows: "(d) Agricultural districts shall include: (I) Activittesor uses as characterized by the cultivation of crops, crops for bioenergy, or~hards, forage, and forest,ry; (2) Fa.rndnQ activities or uses rela-ted to animal husbandrY[r) and ~ame and fish propagation; (3) Aquaculture, which means the production Qf aquatic plant and animal life ~ithinponds and other bodies of water; (4) Wind generated energy production for public, private, and commercial use; (5) Bioiuel productionL as described in section 20S-4.5(a) (lS)L for public, private, and commercial use; HB1502 H02 HMS 2008-2517 IIIIIIIIIIIIIIIIIIIIIDI ') ") Psgft 3 H.B. NO. 25~ H.D.2 1 (6.)Sol,3I ene:r9Y facilities; provided that this Plil~(lqr~ph 2 $hall apply ortl,y to land ~it:~ soilc.la$$lfiedby the 3 landst\ldy bureau I s detailed land..classification as 4 overall (maste~) productivi t9.' .rat.ing clas.s 0 orE; 5 t*'1-J (1) Bona fide agricultural services and uses tha.t: 6 support the a9~ic~ltura;L ac;:tivities of the fee or 7 leasehold ow.ner of the property and accessory to any 8 of the above activities, regardless of whether [&f:o 9 ~} conducted on the satne premises as the 10 a9~icultural activities to which they are accessory, Itinciudin9 but not limited to farm dwellings as defined U insectton 205-4.5(a) (4), employee hou$ing, farm 13 buill;iings, mills, storagefacilit.ies~ processing 14 facllit1.es, vehicle and equipme.nt storage areas, 15 roadside stands 'for th-e sale of products grown on the 16 premises, and plailtationcornmunity subdivisions as 17 defined in section 20S-~.5(a) (12); 18 [++rJ l!l Wind machines and wind farms: 19 [~) 12l Small-scale meteorological, air quality, noise, 20 and other scientific and environmental data collection 21 and monitoring facilities occupying less than one-half 22 acre of land; provided that these facilities shall not HB2502 HD2 HM$ 2008-2517 111111111111111111111111 ) ~\ ) .. Page 4 H.B,. NO.. 2502 H.D. 2 1 be used ascr equipped for use' as living quarters 'or 2 dwellings; 3 {.f9rl (10) ~91;icultlJral parks; 4 r~] (Ill Agricult.ural tourism conducted on ,a working S farm, or a farming operation as de'fined in section 6 165,-2, for the enjoyment, education, or involvement of .., visitors; provided that the agricultural tourism 8 activity 1s accessory and secondary to the principal 9agricultu~al use and does not interfere with 10 surrounding fa~ operations; and provided further that 11 this paragraph shall apply only to a county that has 12 adopted ordinances regulating agricultural tourism 13 under section 2n5-$; and 14 [+H+l (12) Open area recreational fa'cilities. 15 Agricultural districts shall not include golf courses and golf 16 driving ranges, except as provided in section 205-4.5(d). 17 AgriCUltural districts include areas that are not used for, or 18 that are not suited to, agricultural and ancillary activities by 19 reason of topography, soils, and other related characteristics." 2G SECTION 3. Statutory material to be repealed 1s bracketed 21 and stricken. New statutory material is underscored. 22 SECT10N 4. This Act shall take effect upon its approval. HB2502 HD2 HMS 2008-2517 .1111011111111111111111111 ) ) H.S. NO. 2502 H.D.2 APPROVED this 2 3 day of . APR . 2008 ~~ - GOVE~NOR OF THE STA\fE OF HAWAII ") '') COUNTY OF HAWAI'I STATE OF HAWAI'I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE), HAW AI'I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SOLAR ENERGY FACILITIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. Purpose. During the 2008 State Legislative Session, the legislature adopted Act 31. The purpose of this Act is to allow a solar energy facility as a permitted use within the State Land Use Agricultural District on land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating of class "D" (Poor) or "E" (Very Poor). The legislature finds that allowing solar energy facilities to be built on marginal agricultural lands may have more beneficial effects for Hawai'i's economy, environment, and energy security than having such lands unused. Therefore, the purpose of this bill is to amend the zoning code by permitting solar energy facilities within the County's Agricultural District on class D or E lands. SECTION 2. Chapter 25, article 5, division 7, section 25-5~72(a) of the Hawai'i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "(a) The following uses shall be permitted in the A district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Animal hospitals. (5) Aquaculture. (6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (9) Crop production. (10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised Statutes and as permitted under section 25-5-77(b). Planning Dept. -1- Exhibit ;},. I . 1 I 0{ ) ) (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premIses. (22) Solar energy facilities, provided that the land is classified "D" or "E" under the land study bureau's master productivity rating. ([~]23)Telecommunication antennas, as permitted under section 25-4-12. ([U]24)Utility substations, as permitted under section 25-4-11. ([:24]25)Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. ([~]26) Veterinary establishments. ([U]27) Wind energy facilities." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications ofthe ordinance which can be given effect withoutthe invalid provision or application, and to this end the provisions ofthis ord~,nance are declared to be severable. /' -2- I . I I I w ) ., y SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAW AI'I Hilo, Hawai'i Date of Introduction: Date of 151 Reading: Date of 2nd Reading: Effective Date: -3- i WINDWARD PLANNING COMMISSIION COUNTY OF HAW AI'I HEARING TRANSCRIPT OCTOBER 2, 2009 A regularly advertised hearing on the PLANNING DIRECTOR INTIATED AMENDMENT TO CHAPTER 25 ALLOWING SOLAR ENERGY FACILITIES WITHIN THE COUNTY'S AGRICULTURAL ZONED DISTRICT was called to order at 11 :27 a.m. in the County ofHawai'i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i, with Chaimlan Rell Woodward presiding. PRESENT: Rell Woodward Takashi Domingo Andrew Iwashita Zendo Kern Shelly Ogata Wallace Ishibashi Brandon Gonzalez, Deputy Corporation Counsel BJ Leithead Todd, Planning Director Nonnan Hayashi, Planning Program Manager JeffDanow, Staff Planner Maij a Cottle, Staff Planner And 4 people from the public in attendance. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawai'i County Code 1983 (2005 Edition, as amended) allowing solar energy facilities within the County's Agricultural zoned district provided that the property is within the Land Study Bureau's class D or E soils category. WOODWARD: The next one is Item No.8, initiator is the Planning Director who wants to put sunshine on bad dirt, sort of. That's my gestalt. Who's going to talk about this? Jeff? COTTLE: Okay. WOODWARD: Maij a. COTTLE: Thank you, Mr. Chainnan. I didn't do a slide presentation ofthis, but I just handed out two maps. The first map that looks like this shows the Land Study Bureau classification of soils for the island. The dark brown areas are soils classified E. These are considered very poor. The kind of light -. WOODWARD: You mean all I have is bad dili? 1 " COTTLE: That's the bad dirt, yeah. WOODWARD: All right. Okay. COTTLE: The light browns are classified as D which is poor. And the yellow, kind of the bright yellow, those are C soils which are considered fair. And there's a little narrow strip ofB soils, which are considered good up near Hamakua, mauka and just southeast of the town of Waimea. There are no A classified soils on the island. And just to give you a little background of how the soils are classified, the rating is based on texture, depth and drainage qualities of the soil, as well as topography, climate and rain within the area. And, so the second map that I handed out shows the State Land Use designations for the island. And the item that we're discussing, the amendment that the Planning Director initiated, is related to State Land Use agricultural soils which are shown in green on the map. So the Director is initiating the amendment to the Zoning Code to allow solar energy facilities on State Land Use agricultural lands. And this amendment is coming about because the State Legislature just recently changed the State Land Use Law to allow solar energy facilities on Ag lands. So we're requesting to change the Zoning Code to be consistent with that. And the Director is recommending approval. WOODWARD: Seems like a fine idea to me. KERN: I have a quick question. WOODWARD: Yes, Commissioner Kern. KERN: lightish-greenish? The Class B soils, I missed the color code of that, that's that kind of the COTTLE: Yes. KERN: Okay. COTTLE: It's kind of a yellow green. KERN: It's the one in Hamakua there between the really bright yellows there? COTTLE: Right. KERN: Thank you very much. WOODWARD: Okay. We have a Randy Vitousek, Vitousek, signed up to testify. Okay, if you could have a seat, sir, and we'll swear you in, and then you can testify. If you'll raise your right hand. Do you swear or affinn to tell the truth today before the Windward Planning Commission? VITOUSEK: Yes. 2 wi WOODWARD: begin. All right. If you'll give us your name and address; and then you may VITOUSEK: Randy Vitousek, 75-170 Hualalai Road, Kailua-Kona. That's my business address. I am a resident of Waimea. I'm a resident/partner with the law finn of Cades Schlitte on the Big Island. I'm a member of our firm's alternative energy practice group; and l'mjust here to testify today on behalf of this proposed amendment. When the State Legislature amended Chapter 205 to say that solar energy facilities are a permitted use on State classified Ag lands in the lower soil productivity areas, the intended result was to make it easier to pennit the development of solar energy facilities. Unfortunately an unintended result was that once solar energy facilities become a pennitted use under the State Land Use Law and because they are not a pern1itted use under the County Ag Zoning Law, that it made it more difficult, in fact impossible, to pennit solar energy facilities on lands that are in the County Agricultural Zoning District. In other words even if you could have permitted it by special permit, under the County Zoning Code, that's 25-5-72( c )(16) dealing with special use permits, the use has to be one that is not permitted under the State Zoning District in order to be pennitted by special permit. So it created a Catch 22 where because it's now permitted by the State it can't be pern1itted by Special Pennit in the County. And the only way to develop a solar energy facility on a County zoned land is either to amend the Zoning Code to make it a permitted use like the State Legislature did or to rezone it to Industrial, which is not a good result, you know, because it's too time-consuming and we don't need more Industrial lands in otherwise Ag Districts. So this is a good bill. I mean all this does is mirror what the State Legislature did to Chapter 205; and we have a real opportunity to develop solar energy facilities in Hawai'i. The Kekaha lands of West Hawai'i that's basically from the airport to Kawaihae are the sunniest lands in the State ofHawai'i. If you look at the Atlas ofHawai'i you'll see that. And so there's a real opportunity. There are solar energy producers who are looking at this market, wantto come into this market; and this will be, this will not only be a good amendment to our ordinance but it will be an amendment which will provide the impetus for these people to come in and to develop the kind of facilities we need to reduce our dependence on imported oil. So, if you have any questions, thanks. Otherwise, aloha. WOODWARD: Thank you. It's my impression you're preaching to the choir but -. VITOUSEK: I understand -. WOODWARD: Okay, any questions for Mr. Vitousek? IWASHITA: How come somebody didn't figure that out before? VITOUSEK: Pardon? IW ASHIT A: Why wasn't that figured out before? 3 I . I ~I VITOUSEK: That's, but I must say, as soon as it was identified, the dichotomy, Nom1an Hayashi and Ms. Leithead Todd jumped right on it and immediately, I mean within three days, initiated this application. WOODWARD: So that's why NOlm is getting leid over there. Okay. IWASHITA: That it be spelled correctly on the record, l-e-i-d. WOODWARD: Yes, l-e-i-d. Okay. Any further questions for Mr. Vitousek? Anybody would like to make a motion? COlmnissioner Iwashita. IW ASHIT A: Thank you, Mr. Chair. With regard to Item No.8, Initiator Planning Director, Amendment to Chapter 25 (Zoning Code), Hawai'i County Code 1983 (2005 Edition, as amended) allowing solar energy facilities within the County's Agricultural zoned district provided that the property is within the Land Study Bureau's class D or E soils category, I move that the proposed amendment be approved, a favorable recommendation for approval be forwarded to the County Council. KERN: Second. WOODWARD: All right, any discussion? Okay, seeing none, Maija. COTTLE: Thank you, Mr.. Chainnan. Commissioner Iwashita? IW ASHITA: Yes. COTTLE: Commissioner Kem? KERN: Aye. COTTLE: Commissioner Domingo? DOMINGO: Aye. COTTLE: Commissioner Ishibashi? ISHIBASHI: Aye. COTTLE: Commissioner Ogata? OGATA: Aye. COTTLE: And Mr. Chainnan? WOODWARD: Aye. 4 . If' COTTLE: WOODWARD: Okay, the motion passes 6-0. All right, very good. The discussion ended at 11 :36 a.m. Respectfully submitted, ~~ ~ .~U/--~ Sharon M. Nomura East Hawai'i Secretary 5 I ! I :..- I -<{j( j I I LEEW ARD PLANNING COMMISSION COUNTY OF HAWAI'I HEARING TRANSCRIPT OCTOBER 16, 2009 A regularly advertised hearing on the PLANNING DIRECTOR'S INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE) was called to order at 10:00 a.m. in the Waikoloa Beach Marriott Hotel, Ali'i III Room, 69-275 Waiko10a Drive, Waikoloa, Hawai'i, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe Brandi Beaudet Geraldine Giffin Frederic Housel Wayne Iokepa Bill Brilhante, Deputy Corporation Counsel BI Leithead Todd, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner IeffDarrow, Staff Planner Maija Cottle, Staff Planner ABSENT & EXCUSED: Lani Bowman And four people from the public in attendance INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25 (Zoning Code), Hawai'i County Code 1983 (2005 Edition, as amended) allowing solar energy facilities within the County's Agricultural zoned district provided that the property is within the Land Study Bureau's class D or E soils category. W A TANABE: Agenda Item No.2. This is a Planning Director initiated amendment to Chapter 25, Zoning Code. And with that, I believe I'll turn it over to Maija. COTTLE: Thank you, Mr. Chairman. Good morning, everyone. GIFFIN : Good morning, Maij a. COTTLE: This next item is a request, or an amendment by the Planning Director to amend the Zoning Code in order to allow solar energy facilities within the State Land Use Agricultural District on soils classified "E" and "D" by the Land Study Bureau. And if I can direct your attention to the screen. This map shows the Land Study Bureau ratings. And the areas in dark brown are classified as "Very Poor," the areas in light brown are classified as "D" or "Poor;" so those are the two areas that would be affected by this amendment. This next map , I ..\" is a little difficult to see; but the areas in green show the State Land Use Agricultural District And so the amendment is to allow solar energy facilities in those areas shown in green and also in the dark brown and light brown areas of this previous map. And the reason that the Director is initiating the amendment is because the State legislature recently enacted Act 31, which changed the State Land Use law to allow solar energy facilities in these areas. So this change that the Director is recommending is to reflect that change in Act 31. WATANABE: Thank you. COTTLE: Are there any questions? WATANABE: Thank you. Do we have any questions of staff? Yes, Mr. Housel. HOUSEL: Just clarification. This change would allow both commercial and private solar generation on Ag land? COTTLE: Yes. HOUSEL: Okay. W A TANABE: Any other questions? Okay, for the record there is no one signed up from the public to testify on Agenda Item No.2. So, I guess we need a motion so that we can discuss this further, if further discussion is required. Does anyone care to -? Mr. Housel. HOUSEL: Yes, Mr. Chairman, I'd like to make a motion that the Leeward Planning Commission approve this amendment WATANABE: I believe it's "forward a favorable recommendation," yeah? HOUSEL: Oh, it's a recommendation -. WATANABE: To the County Council-. HOUSEL: Okay, then, that we, that thePlanning Commission recommend approval to the County Council to amend Chapter 25, Zoning Code, to allow solar energy facilities within the County's Ag zoned district provided that the property is within the Land Study Bureau's Class "D" and "E" soils category. WATANABE: Thank you. Do we have a second on this? IOKEPA: Second -. GIFFIN : I second. WATANABE: Okay, thank you. If you don't mind, Geri -. 2 . .. GIFFIN : WATANABE: don't mind. GIFFIN : WATANABE: Oh, no, not at all -. I'll encourage Mr. Iokepa. So we have Mr. Iokepa as a second, if you No, not at all. Okay. Do we need any further discussion on this? None? Maija? COTTLE: Thank you, Mr. Chairman. The, let's see, the motion is to send a favorable recommendation to the County Council. Commissioner Housel? HOUSEL: COTTLE: IOKEP A: COTTLE: BEAUDET: COTTLE: GIFFIN : COTTLE: WATANABE: COTTLE: WATANABE: Aye. Commissioner Iokepa? Aye. Commissioner Beaudet? Aye. Commissioner Giffin? Aye. And Mr. Chairman? Aye. Okay, the motion passes, five-zero. Okay, thank you. The discussion ended at 10:05 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 3