HAMAKUA CDP MEMO v4 - redacted - Laserfiche WebLink

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3C3: THE CDP CITES VARIOUS POLICIES TO JUSTIFY NOT CONSIDERING A RURAL DESIGNATION FOR HOMESTEAD PARCELS INCLUDING KIHALANI HOMESTEAD *The rationale cites Policy 2 Policy 2 New urban development shall be located away from coastal areas and the Special Management Area. This is reflected in the location of "Low Density Urban" (LDU) areas on the official Land Use Policy Map. Rationale: To further Community Objectives #1 and #2 in guiding development, a review of the current land uses and designations in coastal areas was performed and changes are recommended in areas not yet developed but have LUPAG designations that guide future development to this coastal area. Recommendations are made in these undeveloped coastal areas to protect the shoreline as open space and priority viewsheds whenever possible. The exceptions to this are when coastal areas are already designated within the State Land Use Urban District and/or are already County -zoned for residential or commercial uses. See Factor 1 from Policy 1, above. This policy is consistent with existing General Plan Policy 8.3 (d), "Protect the shoreline from the encroachment of man-made improvements and structures" and (HRS 205A-2(c)(3(D)), "Encourage those developments that are not coastal dependent to locate in inland areas." Examples of this can be seen in the proposed changes to Papa'ikou and O'6kala. *COMMENT: policy 2 does not pertain to Kihalani Homestead because it is not coastal . iiic ldL101WIc clLc�) r011cv '+ Policy 4 In order to preserve larger lot agricultural lands for productive agricultural use, ALLOW RURAL DEVELOPMENT on LANDS NEAR URBAN AREAS where an intermediate land use between residential and productive agricultural areas is consistent with the surrounding uses and rural character. This is reflected in the location of "Rural" (R) areas on the official Land Use Policy Map, which is intended to facilitate changes of zone to "Residential and Agricultural District" (RA) or the "Family Agricultural District" (FA). The maximum density for the Rural designation in the Planning Area shall be 1 unit per 1 acre. Rationale: THE RECENT GROWTH WITHIN THE HAMAKUA PLANNING AREA HAS PRIMARILY occurred on mauka agricultural lands and IN THE HOMESTEAD AREAS. Particularly in the homestead areas, the parcels are often already smaller sizes than their underlying zoning designation; for example, there are many homestead areas with agricultural lots sized less than twenty acres despite their Ag -20 zoning. *COMMENT: The homestead lands were supposed to be rural, residential, sized less than 20 acres, used for HOMEsteads, not exclusively agriculture, etc. from the beginning... almost 100 years ago. The residents of the Homesteads have relied on these uses for when purchasing and developing the homestead lands. A radical change such as an IAL designation for most of the homesteads would be a taking; and the development that has hereto been permitted by the County in the homesteads would be grandfathered in any event (see sierra Club v. Castle & Cooke Homes Hawaii Inc., No. SCAP-13-0000765 (Haw. Apr. 6, 2016) (unpub. memorandum)). Please note that for many parcels on Kihalani Homestead Road the house you see could be the second or third house built on the property over the last 100 years. In that regard referring to "recent growth" is misleading if the newer homes are replacements for housing that that reached their useful life once or more in the last 100 years. (for instance many families abandoned homes in search of work elsewhere when the plantations left the island). 17