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HomeMy WebLinkAboutCOM 0677.041 2022-2024P /Council SIERRA CLUB �11123 cov�.�n HAWAI'I ISLAND GROUP September 4, 2024 County of Hawai'i c County Council 25 Aupuni St Hilo HI 96720 Re: Opposition to Bill 123, Draft 5 V' Aloha Madam Chair and members of the county council, c = The Sierra Club of Hawai'i, Hawai'i Island Group (HIG) opposes Bill 123, draft 5 for the following reasons: 1. Bill 123 has not been reconciled with SB3202/Act 39, "Related to Urban Development", and does not conform with significant conditions. 2. Material misstatements of fact have been made concerning 1) ADUs being allowed in the state Rural Land Use District and 2) active state land use boundary amendment petitions. 3. No reference or consideration of the impact of Bill 123, draft 5 on the technical and scenario reports (attached) upon which the current draft General Plan (GP2045) is based regarding residential capacity or land use types. 4. Act 39 does not require counties to pass ADU legislation until 12/31/26. 5. The Windward Planning Commission (WPC) and Leeward Planning Commissions made recommendations prior to the enactment of Act 39 and the Planning Department Background and Recommendation Report did not contain any comparative analysis. 6. The WPC did not have quorum at its May 2, 2024 to consider substantial recommended amendments subsequently passed by the county council. It did not consider the Director's recommendation to remove the prohibition against ADUs on lots with TARs. Act 39 made it clear that ADUs are to be for residential use. 7. The stated reason for the LPC's approval of the three recommended amendments proposed by the Planning Director (Director) conflicts with the representations made in the referenced source documentation (Background and Recommendation Report). 8. A potential conflict of interest with regard to the Director's submission of Recommendation #3 at the LPC's May 22, 2024 meeting proposing removal of the prohibition of ADUs on building sites/lots with transient accommodation rentals, a prohibition that had been in effect for 25 years since 1999. 9. Impacts on public infrastructure, such as on- and off-street parking, existing water credits within subdivision, fire and police service, water use reduction notices, already over- taxed and non -complaint sewage systems, recent electrical rolling service disruptions, brown -outs, etc. are not adequately considered and addressed in Bill 123. Comm. I�,o _ P O Box 1137 Hilo, HI 96721-1137 1 hawaiiislandsierraclubogmail.com I Ref. To: 1� Ref. hate _ ;_M 1. Bill 123 excludes significant restrictive language contained within Act 39 Council member Kimball stated at planning commission meeting that she "had taken a hatchet" to the `ohana dwelling code and encouraged the planning commissions to consider added restrictions as they believed to be appropriate. Very few suggestions were made and those suggestions were made prior to the passage of Act 39. This committee should consider the following language contained with Act 39: "(e) Accessory dwelling units developed pursuant to this section shall be subject to all development standards adopted by the respective county, including but not limited to those adopted pursuant to this chapter. (f) Nothing in this section shall preclude a county from denying applications for permits if there is insufficient utility infrastructure to service the additional demand caused by the development of accessory dwelling units pursuant to this section. (j) Neither this section, any permit issued in accordance with this section or structures developed pursuant to this section shall create any vested rights for any pplicant permit holder, or land owner. This section shall not preempt a county's ability to accept review, approve and deny permit applications." 2. Material misstatements of fact made during public hearings on Bill 123. Act 39 specifically states: (k) For purposes of this section, "residentially zoned lot" means a zoning lot in a count.. zoning district that is principally reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a count,, zoning district that is intended for rural low density residential development and open space preservation." Act 39 also states: "(i) This section shall not apply to: W Any area outside of the urban district established by chapter 205, County powers within special management areas delineated pursuant to chapter 205A• and (33) Any area within an urban district that a county deems to be at high risk of a natural hazard such as flooding, lava, or fire, as determined by the most current data and maps issued by a federal or state department or agency However, the Planning Director and council member Kimball have stated in ADUs are allowed in areas designated as rural. Because Bill 123 has advanced through the planning commissions and this committee based upon misinformation, Bill 123, Draft 5 should be referred back to the Planning Director for appropriate revisions and then forwarded to the planning commissions for reconsideration. In addition, council member Kaneali'i-Kleinfelder asked the Planning Director at this committee's last meeting if he was aware of any outstanding state Land Use Boundary Amendment petitions. The Director responded "none of any significance". However, 1250 Oceanside Partners ("Hokuli'a") has an outstanding incomplete petition (Docket No. A06-769) for state land use boundary amendments from the state Agriculture Land Use District to Rural LUD and Conservation LUD involving over 1,400 acres. The Planning Director appears to be attempting an end -run around this petition by moving the Hokuli'a project from Agricultural zoning to Rural in the GP2045 Land Use map. If allowed to do so, this would also allow the Hokuli'a project to avoid completing a Supplemental Environmental Impact Statement, which the Land Use Commission determined was necessary to complete the petition. It would also further enable construction of five multi -million dollar homes on the slopes of Pu'u Ohau, the entirety of which the Hawai'i Island Burial Council has designed as a burial site given the significance of burials on the pu'u. 3. Bill 123, Draft 5 will create an as -yet -unknown increase in residential capacity, an impact that was not considered in the technical and scenario reports used to produce the current draft GP2045. The attached technical reports shows that: 1) Hawai'i county has the capacity for over 200,000 new residential dwelling units based upon existing zoning, subdivisions, and building permits, and 2) The GP2045 land use map proposes to increase the amount of acreage designated as "Rural" from 47,532 acres to 73,521 acres. Bill 123, Draft 5 creates an unknown increase in residential capacity that is not addressed in the current draft GP2045. In addtion, as currently written and with the representations made in hearings on Bill 123, the impact of ADUs on rural areas is also unknown. 4. Act 39 does not require the county to pass ADU legislation until 12/31/26. Given the litany of issues described in this testimony, it is HIG's hope that this committee will refer Bill 123, Draft 5 back to the Planning Director. 5. The Windward Planning Commission (WPC) and Leeward Planning Commissions made recommendations prior to the enactment of Act 39 and the Planning Department Background and Recommendation Report did not contain any comparative analysis. (h) No county shall adopt prohibitions on using_M dwelling unit on a residentially zoned lot as separately leased long-term rentals, as defined by each county. 6: 8. The plain language of Act 39 is clear it was intended to create additional residential dwelling units for ownership and long-term leasing, not for additional transient accommodation rentals. Allowing ADUs on residentially -zoned lots where TARs exist disincentivizes property owners from moving into or converting units to long-term lease properties. Additional relevant Act 39 language: ' 2� O5- Private covenants; residentially zoned lots; urban district. (a) No private covenant for a residentially zoned lot within an urban district recorded after the effective date of this Act shall limit the: (11) Number of accessory dwelling units on that residentially zoned lot below the amount allowed pursuant to section 46- ; or Long-term rental of residential units on that residentially zoned lot. (b) This section shall not apply to any private covenants recorded before the effective date of this Act. (c) For purposes of this section, "residentially zoned lot" means a zoning lot in a county zoning district that is principally reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural low density residential development and open space preservation." Mahalo for this opportunity to testify THE SENATE THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII S.B. NON 3202 S.D. 2 S.D. H.D. 1 C.D. 1 A BILL FOR AN ACT RELATING TO URBAN DEVELOPMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: PART I SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: 11§46- Accessory dwelling units on residentially zoned lots. _(a) Each county shall adopt or amend accessory dwelling, unit ordinances pursuant to this section to help address deficits in their housing inventory based on Hawaii housing planning studies published by the Hawaii housing finance and development corporation. (b) Except as provided in subsections (c) and (d)_, each count- shall adopt or amend ordinances defining reasonable standards that allow for the construction of at least two accessory dwelling units, or the reasonable equivalent, for residential use on all residentially zoned lots. (c) A county that does not adopt or amend an ordinance pursuant to subsection (b) shall adopt or amend ordinances pursuant to this subsection and subsection (d)_, if ayplicable, defining- (1) Districts that authorize at least two accessory dwelling units, or the reasonable equivalent, for residential use per each permitted existing single-family dwelling on a residentially zoned lot; provided that these districts shall be: (A)_ Consistent with the countv's comprehensive general plan; _(B)_ Reasonably distributed throughout the countv's various regional planning areas; and _(C)_ Estimated to add development potential equivalent to half of the county's projected five-year demand of needed housina units for ownership or rental as stated in the 2019 Hawaii housina_ planning study; and (2) Districts that authorize at least two accessory dwelling units or the reasonable equivalent for residential use per each permitted existing single-family dwelling on a residentially zoned lot within a reasonable walking distance to and from: (A)_ Stations of a locally preferred alternative for a mass transit project, and _(a)_ Urban principal arterials as classified by the Federal Highway Administration for purposes of federal -aid highways projects and situated within a primary urban area, urban core, or county equivalent identified by a county comprehensive _general plan. _(d) In addition to the requirements under subsection county with a population of five hundred thousand or more shall adopt or amend an ordinance defining reasonable standards to add development potential in existing apartment districts or apartment mixed -use districts equivalent to the county's projected five-year demand of needed housing units for ownership or rental in the 2019 Hawaii housing planning study_ _(e) Accessory dwellina units develoyed pursuant to this section shall be subject to all development standards adopted by the respective county_, including but not limited to those adopted pursuant to this cha tp er• (f) Nothing in this section shall preclude a county from denying applications for permits if there is insufficient utility_ infrastructure to service the additional demand caused by the development of accessory dwelling units pursuant to this section. (_q.) If a county does not adopt or amend zonina ordinances pursuant to this section by December 31, 2026, the county shall not deny any_permit application on the basis of exceeding the maximum number of housing units allowed if any owner, or their designated representative, of a single-family dwelling in a residentially zoned lot applies for construction of up to two accessory dwelling units, or the reasonable equivalent, until the county adopts or amends an ordinance pursuant to this section; provided that a county may deny a permit application on the basis of infrastructure, design, or development standards. (h) No county shall adopt prohibitions on using any dwelling, unit on a residentially zoned lot as separately leased long-term rentals, as defined by each county_ _(i) This section shall not apply to. (1) Any area outside of the urban district established by chapter 205; (2) County_powers within special management areas delineated pursuant to chapter 205A; and (3) Any area within an urban district that a county deems to be at high risk of a natural hazard such as flooding, lava, or fire, as determined by the most current data and maps issued by a federal or state department or agency_ (j_) Neither this section, an permit issued in accordance with this section, or structures developed pursuant to this section shall create any vested rights for any apRlicant,_permit holder, or land owner. This section shall not preempt a county's abilitv to accept, review, ap rp ove, and deny permit applications. _(k) For purposes of this section, "residentiallv zoned lot" means a zoning lot in a county zoning district that is princi ap lly_ reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low density_ residential develo mp ent, and open space preservation." SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§205- Private covenants; residentially zoned lots; urban district. (a) No private covenant for a residentially zoned lot within an urban district recorded after the effective date of this Act shall limit the: W Number of accessory dwelling units on that residentially zoned lot below the amount allowed pursuant to section 46- ; or (2). Long-term rental of residential units on that residentially zoned lot. (b) This section shall not apply to any private covenants recorded before the effective date of this Act. _(c) For purposes of this section, "residentially zoned lot" means a zoning lot in a county zoning district that is principally_ reserved for single-family and two-family detached dwellings. "Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low density residential development, and open s ace preservation." PART II SECTION 3. Section 46-4, Hawaii Revised Statutes, is amended to read as follows: "§46-4 County zoning. (a) This section and any ordinance, rule, or regulation adopted in accordance with this section shall apply to lands not contained within the forest reserve boundaries as established on January 31, 1957, or as subsequently amended. Zoning in all counties shall be accomplished within the framework of a long-range, comprehensive general plan prepared or being prepared to guide the overall future development of the county. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner. Zoning in the counties of Hawaii, Maui, and Kauai means the establishment of districts of such number, shape, and area, and the adoption of regulations for each district to carry out the purposes of this section. In establishing or regulating the districts, full consideration shall be given to all available data as to soil classification and physical use capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices. The zoning power granted [gin] in this section shall be exercised by ordinance,,_ which may relate to: (1) The areas within which agriculture, forestry, industry, trade, and business may be conducted; (2) The areas in which residential uses may be regulated or prohibited; (3) The areas bordering natural watercourses, channels, and streams, in which trades or industries, filling or dumping, erection of structures, and the location of buildings may be prohibited or restricted; (4) The areas in which particular uses may be subjected to special restrictions; (5) The location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered; (6) The location, height, bulk, number of stories, and size of buildings and other structures; (7) The location of roads, schools, and recreation areas; (8) Building setback lines and future street lines; (9) The density and distribution of population; (10) The percentage of a lot that may be occupied, size of yards, courts, and other open spaces; (11) Minimum and,maximum lot sizes; and (12) Other regulations the boards or city council find necessary and proper to permit and encourage the orderly development of land resources within their jurisdictions. The council of any county shall prescribe rules, regulations, and administrative procedures and provide personnel it finds necessary to enforce this section and any ordinance enacted in accordance with this section. The ordinances may be enforced by appropriate fines and penalties, civil or criminal, or by court order at the suit of the county or the owner or owners of real estate directly affected by the ordinances. Any civil fine or penalty provided by ordinance under this section may be imposed by the district court, or by the zoning agency after an opportunity for a hearing pursuant to chapter 91. The proceeding shall not be a prerequisite for any injunctive relief ordered by the circuit court. Nothing in this section shall invalidate any zoning ordinance or regulation adopted by any county or other agency of government pursuant to the statutes in effect [prer te] before July 1, 1957. The powers granted [her2=-n] in this section shall be liberally construed in favor of the county exercising them, and in [5tte1a] a manner [ ] that promotes the orderly development of each county or city and county in accordance with a long-range, comprehensive general plan to ensure the greatest benefit for the State as a whole. This section shall not be construed to limit or repeal any powers of any county to achieve these ends through zoning and building regulations, except insofar as forest and water reserve zones are concerned and as provided in subsections (c) []., (d) [-],,_(�_) , and section 46- Neither this section nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use of any building or premises for any trade, industrial, residential, agricultural, or other purpose for which the building or premises is used at the time this section or the ordinance takes effect; provided that a zoning ordinance may provide for elimination of nonconforming uses as the uses are discontinued, or for the amortization or phasing out of nonconforming uses or signs over a reasonable period of time in commercial, industrial, resort, and apartment zoned areas only. In no event shall [such] the amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses. Nothing in this section shall affect or impair the powers and duties of the director of transportation as set forth in chapter.262. (b) Any final order of a zoning agency established under this section may be appealed to the circuit court of the circuit in which the land in question is found. The appeal shall be in accordance with the Hawaii rules of civil procedure. (c) [E ] Except as provided in section 46- each county may adopt reasonable standards to allow the construction of two single-family dwelling units on any lot where a residential dwelling unit is permitted. (d) Neither this section nor any other law, county ordinance, or rule shall prohibit group living in facilities with eight or fewer residents for purposes or functions that are licensed, certified, registered, or monitored by the State; provided that a resident manager or a resident supervisor and the resident manager's or resident supervisor's family shall not be included in this resident count. These group living facilities shall meet all applicable county requirements not inconsistent with the intent of this subsection, including but not limited to building height, setback, maximum lot coverage, parking, and floor area requirements. (e) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for employee housing and community buildings in plantation community subdivisions as defined in section 205-4.5(a)(12); in addition, no zoning ordinance shall provide for the elimination, amortization, or phasing out of plantation community subdivisions as a nonconforming use. (f) Neither this section nor any other law, county ordinance, or rule shall prohibit the use of land for medical cannabis production centers or medical cannabis dispensaries established and licensed pursuant to chapter 329D; provided that the land is otherwise zoned for agriculture, manufacturing, or retail purposes. (_q,) Notwithstanding any other law, county charter, county_ ordinance, or rule, any administrative authority to accept,_ reject, and approve or deny any application for subdivision, consolidation, or resubdivision of a parcel of land that has been fully zoned for residential use within the state urban district designated pursuant to section 205-2 shall be vested with the director of the countv_agencv responsible for land use or a single county officer designated by ordinance; provided that: (1) The parcel of land being subdivided is not located on a site that is: _(A)_ Designated as important agricultural land pursuant to part III of chapter 205; (B)_ On wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW2; _(D)_ Within a floodplain as determined by maps adopted by the Federal Emergency Management Agency_; (D)_ A habitat for protected or endangered species; _(E)_ Within a state historic district: _(i)_ Listed on the Hawaii register of historic places or national register of historic places; (ii)_ Listed as a historic property on the Hawaii resister of historic places or the national resister of historic places, or _(iii)_ During the period after a nomination for listing on the Hawaii register of historic places or national register of historic places is submitted to the department of land and natural resource's state historic preservation division and before the Hawaii historic places review board has rendered a decision; or (F)_ Within lava zone 1 or lava zone 2, as designated by the United States Geological Survey_; (2). Any approval under this subsection shall be consistent with all county zoning, development standards, and requirements pursuant to part II of chapter 205A; and (3) This subsection shall not apply to county powers within special management areas delineated pursuant to part II of chapter 205A. Neither this subsection, anv_permit issued in accordance with this subsection, or structures developed pursuant to this subsection shall create any vested rights for any -applicant, permit holder, or land owner." PART III SECTION 4. Section 46-143, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) An impact fee shall be substantially related to the needs arising from the development and shall not exceed a proportionate share of the costs incurred or to be incurred in accommodating the development. The following [seven] factors shall be considered in determining a proportionate share of public facility capital improvement costs: (1) The level of public facility capital improvements required to appropriately serve a development, based on a needs assessment study that identifies: (A) Deficiencies in existing public facilities; (B) The means, other than impact fees, by which existing deficiencies will be eliminated within a reasonable period of time; and (C) Additional demands anticipated to be placed on specified public facilities by a development; (2) The availability of other funding for public facility capital improvements, including but not limited to user charges, taxes, bonds, intergovernmental transfers, and special taxation or assessments; (3) The cost of existing public facility capital improvements; (4) The methods by which existing public facility capital improvements were financed; (5) The extent to which a developer required to pay impact fees has contributed in the previous five years to the cost of existing public facility capital improvements and received no reasonable benefit therefrom, and any credits that may be due to a development because of [sue] the contributions; (6) The extent to which a developer required to pay impact fees over the next twenty years may reasonably be anticipated to contribute to the cost of existing public facility capital improvements through user fees, debt service payments, or other payments, and any credits that may accrue to a development because of future payments; [ate] (7) The extent to which a developer is required to pay impact fees as a condition precedent to the development of non -site related public facility capital improvements, and any offsets payable to a developer because of this provision[-]; and (8) The square footage of the development; -provided that: _(A)_ In cases where the developer is converting an existing structure, the square footage of the existing structure shall be deducted from the total ss uare footage of the development when calculating, impact fees; and _(B)_ In cases where the public facility impacted is a water or sewage facility, the aQpropriate board of water supplymay choose to calculate impact fees based on the total number of fixtures in the development, rather than bv�uare footage." PART IV SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on upon its approval. Report Title: Counties; Zoning; Accessory Dwelling Units; Urban District; Subdivision; Consolidation; Resubdivision; Parcels; Residentially Zoned Lots; Impact Fees Assessment; Calculation Description: Part I: Requires the counties, no later than 12/31/2026, to adopt or amend an ordinance to allow at least two accessory dwelling units, subject to certain restrictions, on all residentially zoned lots. Prohibits private covenants for residentially zoned lots within an urban district from limiting the number of accessory dwelling units below the amount allowed pursuant to State law or the long-term rental of residential units. Part II: Requires any administrative authority to act on any application for subdivision, consolidation, or resubdivision for certain parcels to be vested in the director of the county agency responsible for land use or another county officer. Part III: Amends the calculation of impact fees for certain developments. (CD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. 100% Important Agricultural 90%, Land, (381,120acres) 8W1h Extensive Agriculture,,; 70% (641,299 acres)( 60°" Open, (36,250acres) 5 M1, 40% Conservation, (1,377,101 acres) 304% 20"4, 1016 Other, 0 (breakdown below) 19),000 Hawaii County (approximately 2,578,828 acres) 2019 Proposed 2005 LUPAG Land Use Productive Agriculture, (372,238 acres) Pastoral, (298,512 acres) Natural Area, (328,831 acres) Recreation, (17,873acres) Conservation, (1,414,091 acres) Other, (breakdown below) 2024 Proposed Land Use Productive Agriculture, (345,290 acres) Extensive Agriculture, (247,627 acres) Natural, (384,893 acres) Recreation, (4,631acres) Conservation, (1,451,783 acres) Other, (breakdown below) Hawaii County Breakdown of Other Land Use Types 2019 Proposed 2005 LUPAG Land Use (143,033 acres) (146,802 acres) High Density Urban, 1,307 1 an,p00 Medium Density Urban, 6,75! Low Density Urban, 37,928 1 (y) "X-R? R0 ,'00 Urban Expansion, 30,789 Indusn ial. 10,902 ,C'i-vo University Use, 1,12E Resort, 177 Resort Node,5,641 Rural, 47,532 o Orchards,872 Pending, 18,387 High Density Urban,1, Medium Density Urban,5; Low Density Urban, 36,19 Light Industrial, 3,4 Heavy Industrial, 4, University, 1,3 Resort,6,2 Rural, 69,E 2024 Proposed Land Use (144,604 acres) High Density Urban, 1,-113 Medium Density Urban, 12.392 Low Density Urban, 28,905 Urban Expansion, 10,568 Light Industrial, 3,918 Heavy Industrial, 5,519 - University,1,212 Resort,7,156 Rural, 73,521 Hamakua (approximately 404,337 acres) 2019 Proposed 2005 LUPAG Land Use 100"1° 90111� Important Agricultural Land, (78,226acres) 803,E Extensive Agriculture„ 0 ° (83,021 acres) 6Wt Open, (1,272acres) 50°„ 40%. Conservation, 30% (2 39,054 acres) 2 0%, 0; n 00�gr, (breakdown below) 2005 LU PAG (2,763 acres) �.ox Medium Density Urban, ?.Qilll Low Density Urba 2,2� 1 �Jik? S14� Industrial, 1: Rural, 4' Productive Agriculture, (79,034 acres) Pastoral, (77,900acres) Natural Area, (4,930acres) Recreation, (7,671acres) Conservation, (228,512 acres) 2024 Proposed Land Use Productive Acrin�ltu e, (73,:ju cres) Extensive Agriculture, (56,543acres) Natural, (31,735 Recreation, (74 a Conservat (240,361 ac Other, (breakdown below) I Other, (breakdown belt Hamakua Breakdown of Other Land Use Types 2019 Proposed Land Use (1,602 acres) Medium Density Urban, 195 Low Density Urban,1,123 Heavy Industrial, 15 Light Industrial, 28 ,I Rural, 241 2024 Proposed Land Use (1,715 acres) Medium Density Urban; 199 Low Density Urban, 1,124 Heavy Industrial, 15 Light Industrial, 27 Rural, 350 Of Counsel: z TSUKAZAKI YEH & MOORE R. BEN TSUKAZAKI 1954% MICHAEL W. MOORE 3234 „.., 85 W. Lanikaula St. Hilo, Hawaii 96720; phone (808) 961-0055 / fax (808) 969-1531 �`?K Attorneys for Petitioner BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAI'I In the matter of the Petition 6I 1250 OCEANSIDE PARTNERS To Amend the Land Use District Boundary of Certain Lands situate at North and South Kona, Island of Hawaii, State of Hawaii; consisting of approximately 1,434.755 acres from the Agricultural District to the Rural District and the Conservation District DOCKET NO. A06-769 PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENT; VERIFICATION; PETITIONER'S EXHIBITS 1 -10; BEFORE THE LAND USE COMMISSION OF THE STATE OF HAWAI'I In the matter of the Petition of 1250 OCEANSIDE PARTNERS To Amend the Land Use District Boundary of Certain Lands situate at North and South Kona, Island ofHawai'i, State of Hawaii; consisting of approximately 1,434.755 acres from the Agricultural District to the Rural District and the Conservation District. DOCKET NO. A06-769 PETITION FOR LAND USE DISTRICT BOUNDARY AMENDMENT Petitioner, 1250 OCEANSIDE PARTNERS (hereinafter referred to as "Petitioner"), hereby petitions the Land Use Commission (hereinafter "LUC") to amend the land use district classification of certain lands situate at Honuaino 3 and 4, Hokukano 1 and 2, Kanaueue 1 and 2, Haleki'i, Ke'eke'e, 'Ilikahi, Kanakau, Kalukalu, and Onouli 1, North and South Kona Districts, Island of Hawaii, consisting of approximately 1,434.755 acres, as depicted in Petitioner's Exhibit 1 attached hereto and incorporated herein ("Petition Area"), as follows: (1) 1,418.739 acres of land from the State land use agricultural district ("Agricultural District") to the State land use rural district ("Rural District"); and (2) 16.016 acres of land from the Agricultural District to the State land use conservation district ("Conservation District").