Agency Review Comments Combined UPDATED 03.21.2018

Home

Mr. Michael Yee April 21, 2017 Page -2- Section 205-45, HRS, State public land identification under Section 205-44.5, HRS, and county identification under Section 205-47, HRS. State public lands, such as State Agricultural Parks, are not a part of the county identification process under Section 205- 47, HRS. If the Hamakua CDP's Revised Land Use Guide Maps are intended to be considered draft maps for the County IAL identification process in Section 205-47, HRS, it should explain how the County's process is consistent with State law. Land Use Policies on Agricultural Development The DOA is pleased to find language in the Hamakua CDP that supports preventing the encroachment of urban sprawl within agricultural lands. The DOA notes the Hamakua CDP's "Land Use Policy Intent" is to: "designate, protect and maintain important agricultural lands from urban encroachment"; "ensure that development of important agricultural land be primarily for agricultural use"; and, to "discourage speculative residential development on agricultural lands". (Hamakua CDP section 4.3.2, page 56). Land Use Policies related to agricultural lands include: • Policy 23: Development and construction in "Important Agricultural Land" and "Extensive Agriculture" areas shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities unless otherwise permitted by law. • Policy 25: The Planning Commission shall include in any Special Permit approval (or recommendation for approval to the State Land Use Commission) appropriate performance conditions to achieve Hamakua CDP objectives and implement Hamakua CDP policies. • Policy 26: Educate landowners interested in subdividing agricultural lands on the option to subdivide as a farm subdivision pursuant to Hawaii County Code section 23-112. The DOA looks to county CDPs for providing the county's policies and recommendation for future preferred land use restriction and guidance in reviewing various land use issues, including subdivision applications, petitions to designate land as IAL, and special use permits. We recommend that consideration be given to including language within the land use policies on Agricultural Lands & Open Space that discourages the subdivision and subsequent development of "fake farms" or "gentlemen's estates" within the Hamakua CDP's identified IAL. This inclusion would help align the policies on Agricultural Lands & Open Space more closely with its intent to "protect and maintain important agricultural lands from urban encroachment" and to "discourage speculative residential development on agricultural lands".