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.._n~-..~ I 1 ~ ~ ~ 'a LAND USE RESEARCH FOUNDATION OF HAWAII you Bishop Street, Ste. tgz8 i Honolulu, Ftawaii g68t3 _ , PhoneSV-47t7 _ Fax 536-ot3z - ~ May 17, 2005 ~ - The Honorable Pete Hoffmann and K. Angel Pilago, Co-Chairs, and Members j Committee on Planning Hawaii County Council 25 Aupuni Street _ Hilo, Hawaii 96720 BY FACSIMILE: (8081961-8912 - Dear Co-Chairs Hoffmann and Pilago, and Members: Re: BiII No. 80 Relating to Subdivision of Land ' I am Dean Uchida, Executive Director of the Land Use Research Foundation of Hawaii (LURE), testifying in strong opposition to Bil] No. 80, Relating to Subdivision of Land. This bill amends HCC § 23-23 to prohibit any subdivision of agricultural land from including (1) restrictive covenants against agricultural practices, (2) resort-like features; (3) an inadequate supply of water for agriculture; (4) a golf course wtth residential lots, (5) gated or limited (guarded) entry; or (6) any dwelling greater than 3,500 squaze feet. Curzently, HRS § 205-45(4) and HRS § 205-2(d) allow golf courses, farm dwellings m suppon of agricultural activities on the property, and open area recreational facilities in the Agricultural District on j lands classified as C, D, F. or U under the Land Study Bureau system. Farm dwellings are also allowed ~.n A and B lands. Private restrictions on agricultural uses and activities are already disallowed under I IRS § 20513.6 [Act 5, 2003 Special Session], except where taken to protect agricultural leases [Act 170, 2004 Session]. It is unclear what specific problem Bill 80 is intended to address. ]f the intent of the bill is to further define the allowable uses in the agricultural, family agricultural, or intensive agricultural zones, one approach may be to consider moving some of the uses curzentty allowed in the State Agricultural Dtstrict j mto the County zones which implement the State Kural District. This Session, the Iegislature passed House Bill No. 109 HD] SD2 CDt, which envisions an expansion of the Rural District to accommodate golf courses and other "quasi-urban" type land uses. I, Because the intent of Rill 80 is not clear, it would behoove the Council to fully constder its "unintended consequences." 'fhe concerns that it is really trying to address deserve consideration, but may have to hr dealt with by entirely different means. We recommend that the County of Hawaii convene an advisory group, as provided by House Bill 109, and submit appropriate proposals to the Legislature next ytar Bill 80 is also arguably facially unconstitutional. "fhe prohibition against gated or limited entry ha: the ~ effect of requiring the dedication of aright-of--way or permanent easement giving the public access to and across private roads which have not been deeded to the County for maintenance and assumption of liability, As such, a "permanent physical occupation" of pnvate property will occur, in violation of the I i Comm. Na Z Ref. To: ftesoarM Rc;f. Dot, MAY 1