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HomeMy WebLinkAbout2007-09-21 TCOUNCIL-wind PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT SEPTEMBER 21, 2007 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 25 (ZONING CODE), PERMITTING WIND ENERGY FACILITIES IN THE OPEN (O) ZONED DISTRICTwas called to order at 2:44 p.m. at - the Waikoloa Beach Marriott, Alii I and II, 69275 Waikoloa Beach Drive, Waikoloa, Hawaii, with Chairman William Graham presiding. PRESENT: William Graham ABSENT & EXCUSED: Rene’ Siracusa C. Kimo Alameda Rodney Watanabe Takashi Domingo Andrew Iwashita Shelly Ogata Alvin Rho Rell Woodward  Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner  Jeff Darrow, Staff Planner Jhq`mDlkdq+Qdoqdrdms`shudneCdo`qsldmsneOtakhbVnqjr And no one from the public in attendance. INITIATOR: COUNTY COUNCIL Amendment to Chapter 25 (Zoning Code), Hawaii County Code 1983 (2005 Edition), as amended, which would permit wind energy facilities in the Open (O) zoned district. GRAHAM: All right. Third item on our agenda today under New Business, Initiator is the County Council, it’s an amendment to Chapter 25, the Zoning Code, which would permit wind energy facilities in the Open zoned district. As with the other initiated by the County Council things that come before us, I believe we’re going to have a hearing today, and we’ll have one in Hilo also at our next one.So we probably will not take any action on making a recommendation today. So we don’t have any public here so I assume we have no public testifiers. And it looks like Norman is standing up so maybe Norman is going to give us a little background report on this Agenda Item 3 of the change in the Zoning Code to permit wind energy facilities in the Open zoned district. Norman. EXHIBIT C 1 HAYASHI: Thank you, Mr. Chair. This particular matter is before you as a result of the County Council adopting a resolution requesting that the Planning Director initiate an amendment to the Zoning Code which would allow wind energy facilities within the County’s Open zoned district. Currently the Zoning Code, within the County’s Open zoned district wind energy facilities are not a permitted use. However, within the State Land Use Agricultural District and if the properties are within the County Agricultural district, wind energy facilities are permitted. The County Council adopted this resolution as a result of, basically to comply with some of the requirements of the General Plan to provide for energy self-sufficiency by the County, as well as to encourage wind energy facilities as they are clean renewable energy sources which produce no emission or chemical waste. This resolution that the Council adopted also was a result of the Waikoloa Village Association exploring opportunities for wind energy facilities within their lands. They have approximately 250 acres of land which are currently zoned Open around the Village and they would like to possibly establish a wind energy facility within their Open zoned district, lands that are zoned Open. The Planning Director as a result of this resolution did draft a proposed ordinance that is before you today. That’s listed as Exhibit 2. And basically this would allow wind energy facilities to be permitted within the County’s Open zoned district provided that the land is within the State Land Use Agricultural district; and also that in order to, for the wind energy facility to be established within the Open zoned district, they would have to obtain a Use Permit from the Planning Commission. So that’s basically what is being proposed in this particular ordinance as a result of the resolution that was adopted by the Council. As the Chair indicated, this matter is also being scheduled for a hearing, a continued th hearing, at the October 5 Planning Commission meeting in Hilo. Are there any questions? GRAHAM: Any questions, Commissioners? Norman, like in the Ag district wind power facilities are already permitted, is that correct? HAYASHI: Yes. GRAHAM: And there’s no -? HAYASHI: Except that -. GRAHAM: Use permit required or -? HAYASHI: No. If the property is within the State Land Use Agricultural District and zoned Agriculture, the use is an outright permitted use. The only reason why this ordinance is here before you today, draft ordinance is here before you today, is because although the property may be within the State Land Use Agricultural district, the County’s Open district does not allow wind energy facilities as a permitted use. Therefore, in order to have a wind energy facility allowed within an area zoned Open by the County, this ordinance would require that an individual or an association obtain a Use Permit from the Planning Commission. EXHIBIT C 2 GRAHAM: Yeah, I think I understand that. And the only thing that is kind of coming to me, like I live in the Ag district and I know they built a big wind energy facility in North Kohala. If there’s no Use Permit required in the Ag district, I guess subject to the setbacks a guy right next door to me who might be only 50 yards away could build a great big wind turbine and that’s that, I have no say about it. But in the Open zoned district there will be a Use Permit so that the neighbors and all can speak to it a little bit. So that’s why you may be putting it in the Use Permit, huh? HAYASHI: That’s correct. GRAHAM: Thank you. Commissioner Woodward? WOODWARD: I might just share a story that I shared with Mr. Darrow earlier. It was just about wind energy in general because I’m sure any of you that have driven by South Point recently have seen those huge, there’s 14 huge windmills that they put up there, 300 feet tall with 90-foot blades on them. And at the most recent Chamber of Commerce meetings one of the board members asked me, well, did that have to go through the Planning Department? So I called Norm and he said, no, first of all it’s built on Hawaiian Home lands, so they didn’t require anything; but even if it had been on Agricultural land it would have been a permitted use. So then I was curious. I said, well, ’cause some people think, well, they’re kind of nice, some people think it’s an eyesore. But the question was how much power do these things really put out? They got 14 big, really big, windmills. And I talked to a few people and I looked into it, and I was thinking half a percent maybe of the State power grid. It turns out it’s more like almost 10 percent. These 14 windmills can supply 10,000 homes with power, just 14 of them. That blew me away, so to speak, to use the wind analogy. But, anyway, now I’m a believer. You know, I thought, well, they’re just tinkering around and this really is not the solution to the problem. You know, it’s like solar energy which does some good but it’s never going to, you know, take care of our reliance on oil. But this has much more potential. So I just wanted to share that with you. It turns out that these things, like I say, just these 14 windmills supplies between 7 and 10 percent of the power grid for the State of Hawaii right now. GRAHAM: You mean the State or the County? WOODWARD: I mean the County, excuse me, the County, yeah. DOMINGO: Mr. Chairman? GRAHAM: Yes, Commissioner Domingo. DOMINGO: Norman, under the Agricultural designation, you know, I often hear a Use Permit is required and/or a Special Permit. What are the differences and what are the implications of a Use Permit and a Special Permit, when you look at both of them? EXHIBIT C 3 HAYASHI: A Special Permit is a permit that is allowed or granted through the Planning Commission for any use that is requested and that is not allowed within the State Land Use Agricultural or Rural districts; and that comes before the Planning Commission. For instance, if you wanted to have a church within a property that is designated Agricultural by the State, and if the property is less than 15 acres and you wanted to establish that church, then you would apply and it will come before this particular body for approval. A Use Permit is a permit that is required for certain uses that are not allowed by the County’s zoned district. And the Zoning Code specifies what kind of uses may be submitted and approved through the Use Permit process. So that’s basically the difference between the two. One is the State, because of the State Land Use Law you’re required to submit the Special Permit for certain uses that are not allowed within the Agricultural and Rural districts. A Use Permit would be on the County level, it’s a County zoning, a permit that is approved as a result of what’s stated in the County Zoning Code. So that’s basically on the County level. DOMINGO: So then an applicant can come in, if a certain use is stipulated and permitted, you can just come in and apply the permit for that and go ahead and build whatever they want to? HAYASHI: That’s correct. If you’re referring to say if a windmill is proposed within the State Land Use Agricultural district and County Agricultural district, that is an outright permitted use, both on the State and County level. So basically what they would do is come in for a building permit. GRAHAM: Any other Commissioners? DOMINGO: You know, one more thing. GRAHAM: One more thing. Commissioner Domingo. DOMINGO: Thank you. For instance, like telecommunication antennas, you can just go in the Agricultural district and put one up, yeah? HAYASHI: Right now, that’s a question that we’re still dealing with -. Prior to this past Legislative session telecommunication antennas were required to obtain a Special Permit if they were within the State Land Use Agricultural district. However, this past session the Legislature adopted the change to the Land Use Law which would allow telecommunication antennas as a permitted use within the State Land Use Agricultural District. There’s some matter of interpretation as to what constitutes an antenna or a tower. So that’s something we’re still trying to deal within our Department. YUEN: Well, the antenna is allowed now, the tower still needs a Special Permit. GRAHAM: Thank you, Mr. Yuen. EXHIBIT C 4 DOMINGO: What does an antenna -? YUEN: What that means is that you, say there’s a telephone pole, or a barn, or another legal structure in the State Land Use Agricultural district. The antenna itself is a little thing that sticks up. Say a cell phone antenna, it’s not a very big structure. That is now allowed, you don’t need a Special Permit for the antenna. But if you’re going to build a tower, you still need a Special Permit. DOMINGO: You know, my concern here is that, you know, like for instance might be the antenna or for windmill, there may be adverse impacts or, you know, it might be aesthetically not blending in with the surrounding environment. And those have been some of the issues expressed in the past. So what I’m concerned is that, you know, if a hearing procedure is established then the people can respond to it and the Commission can make their decision accordingly. And I think the public should have the ability to respond to those things. WOODWARD: They had it, they’re just not here. GRAHAM: Thank you, Commissioner Domingo. Commissioner Woodward’s comment -. WOODWARD: One other comment. GRAHAM: Go ahead, Commissioner Woodward. WOODWARD: You could put your antenna on top of the windmill and that would be no problem. GRAHAM: Okay. YUEN: But just so we’re really clear here, what’s being proposed in this is a Use Permit. So there would be an application that comes to the Panning Commission and public notice. That’s for a wind turbine that’s in State Land Use Ag and County Open zone. GRAHAM: Okay. I think we have all the parameters. We don’t have any public here. Commissioner Alameda, did you have something further? ALAMEDA: Sure, thanks. I just wanted to add my comments. I like the fact that it’s still, gets to go through Special Permit because of the visual impacts, the noise, the birds, right? So we still have a chance to say this is okay, this is the right place. So I think it’s a good legislation. I’ll vote for it, but got to wait. GRAHAM: All right, thank you, Commissioner Alameda. Any further comments from the Commission before we sort of adjourn this agenda item until our next EXHIBIT C 5 meeting in Hilo? All right. Norman, I guess that’s all. Thank you for your presentation. The discussion ended at 2:58 p.m. Respectfully submitted, Sharon M. Nomura, East Hawaii Secretary A T T E S T: Noriko Sauer, West Hawaii Secretary EXHIBIT C 6