Bill Text: HI SB3065 | 2012 | Regular Session | Introduced

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Bill Title: Aerospace High Technology Districts; Land Use

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-27 - (S) Referred to EDT/PGM/WLH, CPN. [SB3065 Detail]

Download: Hawaii-2012-SB3065-Introduced.html

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THE SENATE	S.B. NO.	3065
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to aerospace high technology districts.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§205-    Petition for establishment of aerospace high technology districts.  The department of business, economic development, and tourism shall designate areas that should be classified as aerospace high technology districts, including but not limited to the pacific international space center for exploration systems and shall petition the land use commission under section 205-4 for amendment of boundaries of any land use district or districts as necessary to establish the aerospace high technology districts.  The first petition by the department of business, economic development, and tourism shall be made no later than January 1, 2013.  Subsequent petitions may be made at the discretion of the department.

     This section shall not prohibit any other public agency or private person from petitioning the land use commission to establish or amend the boundaries of a aerospace high technology district.

     Anything in this section to the contrary notwithstanding, the areas defined as TMK 1-6-3, parcels 78 and 90; TMK 1-6-146, parcels 1-57; TMK 1-6-148, parcels 1-38; TMK 1-6-151, parcels 1-21; and TMK 9-3-1, parcels 2,6,9, and 10, are designated aerospace high technology districts."

     SECTION 2.  Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§269-     Producing geothermal energy in aerospace high technology districts.  The public utilities commission shall open a geothermal energy docket to implement the mandate set forth in subsection 205-5.1(a) that geothermal energy generated within an aerospace high technology district be provided to any aerospace high technology facilities within the district at no cost."

     SECTION 3.  Section 205-2, Hawaii Revised Statutes, is amended to read as follows:

     "§205-2  Districting and classification of lands.  (a)  There shall be [four] five major land use districts in which all lands in the State shall be placed:  urban, rural, agricultural, [and] conservation[.], and aerospace high technology.  The land use commission shall group contiguous land areas suitable for inclusion in one of these [four] five major districts.  The commission shall set standards for determining the boundaries of each district[,]; provided that:

     (1)  In the establishment of boundaries of urban districts those lands that are now in urban use and a sufficient reserve area for foreseeable urban growth shall be included;

     (2)  In the establishment of boundaries for rural districts, areas of land composed primarily of small farms mixed with very low density residential lots, which may be shown by a minimum density of not more than one house per one-half acre and a minimum lot size of not less than one-half acre shall be included, except as herein provided;

     (3)  In the establishment of the boundaries of agricultural districts the greatest possible protection shall be given to those lands with a high capacity for intensive cultivation; [and]

     (4)  In the establishment of the boundaries of conservation districts, the "forest and water reserve zones" provided in Act 234, section 2, Session Laws of Hawaii 1957, are renamed "conservation districts" and, effective as of July 11, 1961, the boundaries of the forest and water reserve zones theretofore established pursuant to Act 234, section 2, Session Laws of Hawaii 1957, shall constitute the boundaries of the conservation districts; provided that thereafter the power to determine the boundaries of the conservation districts shall be in the commission[.]; and

     (5)  In the establishment of the boundaries of aerospace high technology districts, the commission shall include areas of land:

         (A)  That may be used by persons for aerospace high technology development;

         (B)  On which there is no existing residential use or, if there is existing residential use, the residential use is a nonconforming use under section 205-8, authorized by special permit under section 205-6, or a permissible farm dwelling in an agricultural district; and

         (C)  That are not intensely cultivated.

In establishing the boundaries of the districts in each county, the commission shall give consideration to the master plan or general plan of the county.

     (b)  Urban districts shall include activities or uses as provided by ordinances or regulations of the county within which the urban district is situated.

     (c)  Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than [18,500] eighteen thousand five hundred square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot[,]; provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet.  Such petition for variance may be processed under the special permit procedure.  These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics.  Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities.

     (d)  Agricultural districts shall include:

     (1)  Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;

     (2)  Farming activities or uses related to animal husbandry and game and fish propagation;

     (3)  Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;

     (4)  Wind generated energy production for public, private, and commercial use;

     (5)  Biofuel production, as described in section 205‑4.5(a)(15), for public, private, and commercial use;

     (6)  Solar energy facilities; provided that:

         (A)  This paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class B, C, D or E; and

         (B)  Solar energy facilities placed within land with soil classified as overall productivity rating class B or C shall not occupy more than ten per cent of the acreage of the parcel, or twenty acres of land, whichever is lesser;

     (7)  Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, agricultural-energy facilities as defined in section 205-4.5(a)(16), vehicle and equipment storage areas, roadside stands for the sale of products grown on the premises, and plantation community subdivisions as defined in section 205‑4.5(a)(12);

     (8)  Wind machines and wind farms;

     (9)  Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;

    (10)  Agricultural parks;

    (11)  Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; and

    (12)  Open area recreational facilities.

Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d).  Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics.

     (e)  Conservation districts shall include areas necessary for protecting watersheds and water sources; preserving scenic and historic areas; providing park lands, wilderness, and beach reserves; conserving indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered; preventing floods and soil erosion; forestry; open space areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding communities, or would maintain or enhance the conservation of natural or scenic resources; areas of value for recreational purposes; other related activities; and other permitted uses not detrimental to a multiple use conservation concept.

     (f)  Aerospace high technology districts shall include aerospace, processing, manufacturing, research, or instructional enterprises for aerospace high technology, commercial or experimental rocketry, satellite, lunar, nextgen avionics, solid waste resource recovery systems, enterprises for the development, processing, or transmission of alternative energy, industrial parks under chapter 206M, retail, including food serving establishments, and wholesale, industrial, processing, transportation, or manufacturing enterprises the primary purpose of which is to serve or provide products to the aerospace high technology enterprises or their employees.

     (g)  For the purpose of this section:

     "Alternative energy" means energy derived other than from the processing of petroleum.

     "High technology" includes computer software and hardware, microprocessors, telecommunication devices, and robotics."

     SECTION 4.  Section 205-5, Hawaii Revised Statutes, is amended to read as follows:

     "§205-5  Zoning.  (a)  Except as herein provided, the powers granted to counties under section 46-4 shall govern the zoning within the districts, other than in conservation districts.  Conservation districts shall be governed by the department of land and natural resources pursuant to chapter 183C.

     (b)  Within agricultural districts, uses compatible to the activities described in section 205‑2 as determined by the commission shall be permitted; provided that accessory agricultural uses and services described in sections 205‑2 and 205‑4.5 may be further defined by each county by zoning ordinance.  Each county shall adopt ordinances setting forth procedures and requirements, including provisions for enforcement, penalties, and administrative oversight, for the review and permitting of agricultural tourism uses and activities as an accessory use on a working farm, or farming operation as defined in section 165‑2; provided that agricultural tourism activities shall not be permissible in the absence of a bona fide farming operation.  Ordinances shall include but not be limited to:

     (1)  Requirements for access to a farm, including road width, road surface, and parking;

     (2)  Requirements and restrictions for accessory facilities connected with the farming operation, including gift shops and restaurants; provided that overnight accommodations shall not be permitted;

     (3)  Activities that may be offered by the farming operation for visitors;

     (4)  Days and hours of operation; and

     (5)  Automatic termination of the accessory use upon the cessation of the farming operation.

Each county may require an environmental assessment under chapter 343 as a condition to any agricultural tourism use and activity.  Other uses may be allowed by special permits issued pursuant to this chapter.  The minimum lot size in agricultural districts shall be determined by each county by zoning ordinance, subdivision ordinance, or other lawful means; provided that the minimum lot size for any agricultural use shall not be less than one acre, except as provided herein.  If the county finds that unreasonable economic hardship to the owner or lessee of land cannot otherwise be prevented or where land utilization is improved, the county may allow lot sizes of less than the minimum lot size as specified by law for lots created by a consolidation of existing lots within an agricultural district and the resubdivision thereof; provided that the consolidation and resubdivision do not result in an increase in the number of lots over the number existing prior to consolidation; and provided further that in no event shall a lot which is equal to or exceeds the minimum lot size of one acre be less than that minimum after the consolidation and resubdivision action.  The county may also allow lot sizes of less than the minimum lot size as specified by law for lots created or used for plantation community subdivisions as defined in section 205-4.5(a)(12), for public, private, and quasi-public utility purposes, and for lots resulting from the subdivision of abandoned roadways and railroad easements.

     (c)  Unless authorized by special permit issued pursuant to this chapter, only the following uses shall be permitted within rural districts:

     (1)  Low density residential uses;

     (2)  Agricultural uses;

     (3)  Golf courses, golf driving ranges, and golf-related facilities; and

     (4)  Public, quasi-public, and public utility facilities.

     In addition, the minimum lot size for any low density residential use shall be one-half acre and there shall be but one dwelling house per one-half acre, except as provided for in section 205-2.

     (d)  Within aerospace high technology districts, uses compatible to the activities described in section 205-2(f) as determined by the land use commission and uses permitted in agricultural districts, other than farm dwellings or living quarters, shall be permitted.  Other uses may be allowed by special permits issued pursuant to section 205-6; except that residential use shall be prohibited and nonconforming uses shall be subject to section 205-8."

     SECTION 5.  Section 205-5.1, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Geothermal resource subzones may be designated within the urban, rural, agricultural, [and] conservation, and aerospace high technology land use districts established under section 205-2.  Only those areas designated as geothermal resource subzones may be utilized for geothermal development activities in addition to those uses permitted in each land use district under this chapter.  Geothermal development activities may be permitted within urban, rural, agricultural, [and] conservation, and aerospace high technology land use districts in accordance with this chapter[.]; provided that up to     per cent of the geothermal energy generated within an aerospace high technology district shall be provided to aerospace facilities within the district at no cost.  "Geothermal development activities" means the exploration, development, or production of electrical energy from geothermal resources and direct use applications of geothermal resources; provided that within the urban, rural, [and] agricultural, and aerospace high technology land use districts, direct use applications of geothermal resources are permitted both within and outside of areas designated as geothermal resource subzones pursuant to section 205-5.2 if such direct use applications are in conformance with all other applicable state and county land use regulations and are in conformance with this chapter."

     2.  By amending subsection (c) to read:

     "(c)  The use of an area for geothermal development activities within a geothermal resource subzone shall be governed by the board within the conservation district and, except as herein provided, by state and county statutes, ordinances, and rules not inconsistent herewith within agricultural, rural, [and] urban, and aerospace high technology districts, except that no land use commission approval or special [use] permit procedures under section 205-6 shall be required for the use of such subzones.  In the absence of provisions in the county general plan and zoning ordinances specifically relating to the use and location of geothermal development activities in an agricultural, rural, [or] urban, or aerospace high technology district, the appropriate county authority may issue a geothermal resource permit to allow geothermal development activities.  "Appropriate county authority" means the county planning commission unless some other agency or body is designated by ordinance of the county council.  Such uses as are permitted by county general plan and zoning ordinances, by the appropriate county authority, shall be deemed to be reasonable and to promote the effectiveness and objectives of this chapter.  Chapters [177, 178,] 182, 183, 183C, 205A, 226, [342,] and 343 shall apply as appropriate.  If provisions in the county general plan and zoning ordinances specifically relate to the use and location of geothermal development activities in an agricultural, rural, [or] urban, or aerospace high technology district, the provisions shall require the appropriate county authority to conduct a public hearing on any application for a geothermal resource permit to determine whether the use is in conformity with the criteria specified in subsection (e) for granting geothermal resource permits; provided that within the urban, rural, and agricultural land use districts, direct use applications of geothermal resources are permitted without any application for a geothermal resource permit both within and outside of areas designated as geothermal resource subzones pursuant to section 205-5.2 if such direct use applications are in conformance with all other applicable state and county land use regulations and are in conformance with this chapter."

     3.  By amending subsection (e) to read:

     "(e)  If geothermal development activities are proposed within agricultural, rural, [or] urban, or aerospace high technology districts and such proposed activities are not permitted uses pursuant to county general plan and zoning ordinances, then after receipt of a properly filed and completed application, including all required supporting data, the appropriate county authority shall conduct a public hearing.  Upon appropriate request for mediation from any party who submitted comment at the public hearing, the county authority shall appoint a mediator within five days.  The county authority shall require the parties to participate in mediation.  The mediator shall not be an employee of any county agency or its staff.  The mediation period shall not extend beyond thirty days after mediation started, except by order of the county authority.  Mediation shall be confined to the issues raised at the public hearing by the party requesting mediation.  The mediator will submit a written recommendation to the county authority, based upon any mediation agreement reached between the parties for consideration by the county authority in its final decision.  If there is no mediation agreement, the county authority may have a second public hearing to receive additional comment related to the mediation issues.  Within ten days after the second public hearing, the county authority may receive additional written comment on the issues raised at the second public hearing from any party.

     The county authority shall consider the comments raised at the second hearing before rendering its final decision.  The county authority shall then determine whether a geothermal resource permit shall be granted to authorize the geothermal development activities described in the application.  The appropriate county authority shall grant a geothermal resource permit if it finds that applicant has demonstrated that:

     (1)  The desired uses would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property;

     (2)  The desired uses would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; and

     (3)  That there are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.

     Unless there is a mutual agreement to extend, a decision shall be made on the application by the appropriate county authority within six months of the date a complete application was filed; provided that the time limit may be extended by agreement between the applicant and the appropriate county authority."

     SECTION 6.  Section 205-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural [and], rural, and aerospace high technology districts other than those for which the district is classified.  Any person who desires to use the person's land within an agricultural [or], rural, or aerospace high technology district other than for an agricultural [or], rural, or aerospace high technology use, as the case may be, may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired.  No special permit shall be issued under this section to permit residential use or a farm dwelling or living quarters in an aerospace high technology district.  Each county may establish the appropriate fee for processing the special permit petition.  Copies of the special permit petition shall be forwarded to the land use commission, the office of planning, and the department of agriculture for their review and comment."

     SECTION 7.  Section 205-8, Hawaii Revised Statutes, is amended to read as follows:

     "§205-8  Nonconforming uses.  (a)  The lawful use of land or buildings existing on the date of establishment of any interim agricultural district and rural district in final form may be continued although the use, including lot size, does not conform to this chapter; provided that no nonconforming building shall be replaced, reconstructed, [or] enlarged, or changed to another nonconforming use and no nonconforming use of land shall be expanded or changed to another nonconforming use.  In addition, if any nonconforming use of land or building is discontinued or held in abeyance for a period of one year, the further continuation of such use shall be prohibited.

     (b)  The lawful use of land or buildings existing on the date of the initial establishment of an aerospace high technology district may be continued as it exists, although the use does not conform to this chapter; provided that no nonconforming use of land or building shall be expanded or changed to another nonconforming use without a special permit.  If any nonconforming residential use in an aerospace high technology district is discontinued or held in abeyance for a period of one year, the further continuation of the residential use shall be prohibited."

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Aerospace High Technology Districts; Land Use

 

Description:

Creates aerospace high technology districts in Hawaii.  Allows geothermal resource subzones to be designated within aerospace high technology districts; provided that any geothermal energy producers provide a specified percentage of their energy output to any aerospace high technology facility within the district at no cost.  Allows nonconforming use of land or buildings in aerospace high technology districts to continue as they exist; provided that no nonconforming use shall be expanded or changed to another nonconforming use without a special permit.

 

 

 

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