COM 0042.062 2004-2006 - Laserfiche WebLink

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t~anx~ta a naia~wi III. WAAT THE PLAN I2EQU[RES: SELECTIIVE EXAMPLES The Draft Plan makes many references to the preservation and protection of important agricultural lands, as in the following: - under "Policies" at page 31 and 32 - under "Courses of Action" at page 43, 4? - under "Policies" at pages 276 and 277, and in particuhtr the following language: "Designate, protect and maintain important agricultural lands from urban enaoachment' ; "Eason that development of important agricultural land be primarily for agricultural use' ; "Important agricultural lands shalt not be rezoned to parcels too smaQ to suppoR economically viable farming units" - under "Courses of Action" at page 282, and in particuhn• "Protect important agriculnasl lands within the Kona Coffee Belt from urban encroachment through the use of zoning and other mxhsaisns" The Draft Plan also provides for the creation of a county conservation lands category at page 327 under "Policies": "Amend the Zoning Code to create a category for lands that should be kept in a lazgely natural state, but that may not be in the [slate, presumably] Conservation Dis+*ict,:°~" as ccrtarin'tmportat viewplattcs, bu8'cs ~ras,_^..~ very s~_cp slopes." 'There follows on the same page a series of "Standards" stating that the aforesaid Open Space designations "shall includes" Forest areas, water areas, potential natural hazard areas, Natrtral Ands and Reserves, Open S~aee Recreation Aneas, Scwric Yutas and View planes, and t.reueral Use Conservation Sub-Zones with Compatible Uses. To the cxtcnt that this new Open Space zoning designation or classification attempts to rcgulatc nay use whatsoever in the State Conservation District, the County is almost certainly exceeding its authority under the Scats Land Use Law (HILS 205 et seq.) which leaves the control of land use in any and all sub- zones in such Conservation District solely in the hands of rho state and its Department ofI,and and Natural Resources. Thus, for example, to the extent the DLNR permits, through its conservation dishict use permits (CDUA) single-family residences m its general sub- zone, the County may not forbid such use because it lacks the authority to do so. Jt would also almost certainlybe a violation of the U.S. Constitution as more fully descnbed below. IV. THE APPLICABLE LAW More importantly, as intimated above, the language so far noted above appears to restrict uses on important agriculiural land to agricultural use orily, and to prohibit most uses altogether in flue proposed new Open Space district. To the extent agricultural or other permitted uses are not 3