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HomeMy WebLinkAbout2007-10-05 TCOUNCIL-WIND PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT OCTOBER 5, 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 9:10 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman William Graham presiding. PRESENT: William Graham ABSENT & EXCUSED: C. Kimo Alameda Takashi Domingo Andrew Iwashita Shelly Ogata Alvin Rho Rene’ Siracusa Rell Woodward Rodney Watanabe Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Jeff Darrow, Staff Planner And approximately 12 people 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, the first item on our agenda today under unfinished business, the initiator of this unfinished business item is the County Council. And the content is a proposed Amendment to Chapter 25 of the Zoning Code, which would permit wind energy facilities in the Open (O) zoned district. Now because this is a Zoning Code Amendment, we’re here to take testimony and only make a recommendation to the County Council who will take final action on this. Jeff, could you give us a little description, please. DARROW: Sure. Thank you, Mr. Chairman. Good morning, Mr. Chairman and Members of the Planning Commission. This is a continued hearing. We heard this matter at our last Kona meeting. This is a County Council initiated amendment to the Chapter 25 of the Zoning Code. The County Council has requested that the Planning Director initiate an amendment to Chapter 25 of the Zoning Code which would permit wind energy facilities in the Open zoned district. The reasons for this request are stated within Resolution 235 07 which is Exhibit 1 within the Background and Recommendation. EXHIBIT A 1 The Planning Director basically supports the County Council amendment, initiative, but also requests that these wind energy facilities be permitted in the Open zones with a Use Permit, as well as also be located within the State Land Use Agricultural District. So this would be an amendment to two sections within the Zoning Code, Chapter 25-2-61, which is permitted uses requiring a Use Permit. This would be Subsection (a), No. (13), and it would say “Wind energy facilities in the Open district provided that the property is within the State Land Use Agricultural District.” Additionally, there would be a change to Section 25-5-162 which are permitted uses within the Open District under Subsection (b), which are those uses that would require a Use Permit. And it would be No. (4) which basically says the same thing, “Wind energy facilities; provided that the property is within the state land use agricultural district.” Are there any questions? GRAHAM: Commissioners, are there any questions? WATANABE: Yeah. GRAHAM: Commissioner Watanabe? WATANABE: Jeff, the Director wanted to also make sure that a Use Permit was required, yeah? DARROW: Correct. WATANABE: But where is that change of ordinance? DARROW: This would be in Exhibit No. 2. WATANABE: Did I miss it? Oh, okay. On this page 2, okay. This one. DARROW: The exhibit is actually that. This is the, right there. I’m not sure why it’s not listed as Exhibit 2 on yours. You can use this one if you’d like. WATANABE: Oh, okay. I’d like to follow-up? GRAHAM: Go ahead, Commissioner Watanabe, follow-up. WATANABE: The other question is why is it limited to only State Agricultural district? DARROW: The Planning Director in his Background and Recommendation stated that most Open zones that are located within Urban, State Land Use Urban Districts are mainly made up of Resort areas as well as golf courses and are probably not the proper location for wind energy facilities. WATANABE: Okay, thank you. EXHIBIT A 2 GRAHAM: Okay. Commissioner Domingo, you had a question? DOMINGO: Yes, Mr. Chairman. If one wishes to build a wind energy farm, what would be the requirements today? DARROW: If they’re located within the Open zone, they would have to submit a Use Permit to the Planning, oh, and the State Land Use Agricultural district, they would have to submit a Use Permit to the Planning Department, which would be processed and then brought before the Planning Commission for approval, and go through a public hearing process. DOMINGO: That’s what’s being proposed right now, isn’t it? DARROW: Correct. DOMINGO: Before we adopt this measure, what would then be the requirement? DARROW: I believe they would be required to come in for a Plan Approval once there was an approval from the Planning Commission; and then whatever conditions that would be placed on that Use Permit by the Planning Commission, they would have to comply with those requirements. DOMINGO: And that would be permitted in any district? DARROW: Well, right now wind energy facilities are permitted in certain districts, but in the Open zoning district they are not permitted. So this allows them to be permitted within those zoning districts as well as in the State Land Use Agricultural District, but with a Use Permit. GRAHAM: Maybe Mr. Yuen could -. YUEN: Yeah, I think the question was really at, under current law today before you pass this, and in the State Land Use Ag district, plus County Ag zoning, you can build a wind energy facility with just a building permit. And that’s about, that describes about 95 percent of the State Agricultural District, probably more than 95 percent. This amendment only pertains to the very small area within the Agricultural district that’s zoned Open, which this is instigated by Volcano, I’m sorry not Volcano, Waikoloa Village Community Association. There’s an Open space buffer surrounding Waikoloa Village and the Association is interested in leasing an area within that for a wind energy facility which is not currently allowed under current law. So that’s, you know, there’s a reason behind some of these things emerging. DOMINGO: Yeah, I realize that, I suspect that. You know, what they say is beware of what you ask for. Now, you know, can you imagine Waikoloa is building up now, and if they decide to establish a wind farm there, you know, what impacts will it EXHIBIT A 3 cause and what anxieties will be brought up on the people who sit on the Board of Directors or the Association or, you know, who make these kinds of suggestions. And that’s why I say beware of what you ask for, because in the future it might come to haunt them. YUEN: Yeah, well, that’s why we thought a Use Permit would be a good idea. There are areas, it is unusual for there to be an Open zone, so typically there’s some reason behind it. And in the case of Waikoloa, it was, the whole master planning of the community included this Open space buffer around it. There are not that many other areas. Puuanahulu golf course, for example, is now in an Open zone, State Ag. But there are lots of, it’s pretty easy to do a wind farm in most of the Agricultural areas of the island because they’re not zoned Open. And so all you need is a building permit. So we do, it does come to the Planning Department, the Planning Department looks at it, but we don’t make any kind of regulations on it. There’s also a setback distance from the edge of the property, but mostly to account for the fall distance of the tower. So those are the current rules. GRAHAM: All right, do we have any other questions for Jeff from the Commissioners? We have no one signed up to testify yet. Is there anyone who wanted to testify on this agenda item today? Well, we don’t have public testimony. Commissioner Siracusa? SIRACUSA: And so if there’s no public testimony, can we then go on to have a motion so that we can go into discussion? GRAHAM: I believe that’d be correct. Mr. Torigoe, could you just give us a, first, just a little set on how we should do a motion in the sense that we have a proposition initiated by the County Council and then there’s a slight modification to it made by the Planning Director. So what would be the appropriate way for us to handle the motion? TORIGOE: Okay, going back to your rules, basically Rule 11-3 (c) discusses Council-initiated amendments, and you’ve got a 120-day review period, and then the Commission shall transmit the proposed amendment together with its recommendation through the Mayor to the Council. The Commission shall recommend approval in whole or in part, with or without modifications, or rejection of such amendment. So you basically will move to recommend either an approval or a rejection. You can make the recommendation including some modifications. So say if somebody wanted to just go along with what the Director is proposing, then basically it would be recommending an approval with the modifications suggested by the Planning Director. GRAHAM: Thank you, Mr. Torigoe. Commissioner Siracusa? SIRACUSA: Okay, that said, I will make the motion to pass a favorable recommendation to the County Council on the Council-initiated amendment to Chapter 25 of the Zoning Code, Hawaii County Code, 1983 (2005 Edition), as amended, EXHIBIT A 4 which would permit wind energy facilities in the Open (O) zoned district and require a Use Permit. GRAHAM: Thank you, Commissioner Siracusa. Do I have a second? WATANABE: Second. GRAHAM: Seconded by Commissioner Watanabe. Any discussion from the Commissioners? Jeff, I think we can move to a vote then and conclude this item. DARROW: Thank you, Mr. Chairman. The motion before us is to approve the County Council initiated amendment along with the Planning Director’s amendments. With that I’ll take the roll. Commissioner Siracusa? SIRACUSA: Aye. DARROW: Commissioner Watanabe? WATANABE: Aye. DARROW: Commissioner Domingo? DOMINGO: Aye. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: And Mr. Chairman? GRAHAM: Aye. DARROW: The motion passes six to zero. GRAHAM: Thank you, Jeff. The discussion ended at 9:21 a.m. Respectfully submitted, Sharon N. Nomura, East Hawaii Secretary EXHIBIT A 5