2009-10-02 TPDsolar - Laserfiche WebLink

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WOODWARD:All right. If you’ll give us your name and address; and then you may begin. 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 firm of Cades Schutte on the Big Island. I’m a member of our firm’s alternative energy practice group; and I’m just 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 permit the development of solar energy facilities. Unfortunately an unintended result was that once solar energy facilities become a permitted use under the State Land Use Law and because they are not a permitted use under the County Ag Zoning Law, that it made it more difficult, in fact impossible, to permit 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 permitted by special permit. So it created a Catch 22 where because it’s now permitted by the State it can’t be permitted by Special Permit 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 of Hawai‘i. If you look at the Atlas of Hawai‘i you’ll see that. And so there’s a real opportunity. There are solar energy producers who are looking at this market, want to 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? IWASHITA:Why wasn’t that figured out before? 3 EXHIBIT C