HomeMy WebLinkAboutHAMAKUA CDP MEMO v4 - redactedJune 1, 2016
Hawai'i County Planning Department
Attn: Hamakua CDP; LeAna Gloor - Project Planner
101 Pauahi Street, Suite 3
Hilo, HI 96720
cc: hamakua@hawaiicounty.gov
cc: Leana.Gloor@hawaiicounty.gov
cc: via Feedback Form
(808) 961-8308
ha nakua cdp memo v4
final draft
May 28, 2016 [this version of this memo supersedes the draft delivered to Planning on 5-19-16
which is identical to the draft delivered 5-19-16 up to an added appendix about the 5-25-16 land
use meeting in Laupahoehoe followed by a "bullet point" list of IAL issues]
Aloha:
I am residing at , Laupahoehoe HI 96764 (TMK
where my residence is located; and where my wife and I pursue small scale
commercial agriculture.
I am writing to ask that the CDP "County General Plan Proposed Land Use Pattern Allocation
Guide for Laupahoehoe/Papaaloa" (map) and related CDP materials be revised to include TMK
-055 (hereinafter referred to as parcel 055) in the Low Density Urban (LDU)
designation based on, among other things, that:
*parcel 055 is currently designated LDU
*I submit herein new information and conditions supporting this request
*my wife and I purchased parcel 055 relying on the fact that the property was designated LDU
I ask that the draft and final Hamakua CDP, and related CDP materials, be submitted to the
County with such a LDU designation for parcel 055; and that the CDP, and related CDP
materials, be approved by the County with such a LDU designation. I suggest that a Rural
designation, or the "homestead" designation explained in the conclusion to this communication,
might be an appropriate alternative for parcel 055 (and for the homestead lands). An
"Important Agricultural Lands" designation (County or State) is incorrect for parcel 055 (and
for the homestead lands) as discussed below.
1
1. TMK -055 & HISTORY: PARCEL 055 SHOULD BE RETAINED IN A LDU
DESIGNATION
Parcel 055 is currently designated LDU along with other Laupahoehoe parcels at our apx.
elevation. But the proposed LUPAG places parcel 055 in an "Important Agricultural
Lands" designation due to an LDU boundary change proposed by the CDP. In addition to the
other comments in this communication, please note that the parcel (TMK�86) directly
across the road from our parcel is designated LDU. (see the map below showing the parcels
proposed to be continued in the LDU by the CDP [outlined in yellow]; and the parcels
proposed to have their current and long standing LDU designations revoked by the CDP
[shaded in orange including parcel 055 with a turquoise inset]). As a threshold matter,
1) parcel 055 has been characterized LDU by the County traditionally; 2) parcel 055 is at the
same apx. elevation as parcel 086 across the street that is remaining LDU; 3) parcel 055 is on
the same road as parcel 086 that serves the Laupahoehoe school and the commercial businesses
in Laupahoehoe; 4) parcel 055 is not near "large productive agricultural" parcels; 5) parcel 055
supports commercial and small scale crops on less than 2 acres of poor soils and steep slopes;
and 6) there is no reason parcel 055 should not be treated the same as our neighbor across the
street at parcel 086 by designating and retaining 055 as LDU.
7
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LDU is also appropriate for parcel 054 due to its location and to the fact that parcel 054 (to be
taken OUT of LDU by the CDP) is owned by the owner of adjacent parcel 043 (that is being
retained in LDU). These two parcels are the same for all purposes but the CDP proposes to
treat them differently. As for parcel 055, there are many other characteristics, besides those
mentioned above, that tie parcel 055 to the makai urban areas rather than the large parcels
mauka. More detail is offered in the comments below about parcel 055's proper designations.
The draft CDP describes LDU as follows: "LUPAG LDU, or Low Density Urban: this category
is defined as:
"Residential, with ancillary community and public uses, and neighborhood and convenience -type commercial
uses; overall residential density may be up to six units per acre." The urban zones in the County Code that
correspond to the LDU designation allow for parks, community uses, residences, boarding and group living
facilities, home occupations, small scale commercial or personal services, convenience stores, medical clinics,
and restaurants."
Parcel 055 has been residential/commercial in nature for many years. In fact parcel 055 was
the only residential use on Kihalani Homestead Rd. for many years after the homestead was
subdivided. Parcel 055 was occupied by the plantation's chemist who worked on Parcel 055 ;
and a large two story home was built on Parcel 055 by him, as well as a small cottage built in
1950. The family that lived on Parcel 055 left Hawaii Island to get work on Oahu after the
plantation shut down because they could not make a living farming after sugar cane phased out.
A decade or so after the plantations shut down, Kihalani Homestead Rd. became a magnet for
people who worked in Hilo or off -Island and who wanted a rural lifestyle. That rural lifestyle
commonly involved and still involves micro or small agricultural projects for commercial or
subsistence purposes along with increasingly upscale housing. Over the years the parcels
between parcel 055 and the Belt Road in -filled with these residential/commercial (LDU) uses.
Parcel 055 is a integral part of this trend and therefore part of (or the leader of) LDU land use
in Laupahoehoe. The current LUPAG designation... LDU... accurately reflects the uses of
parcel 055.
2. APPLICABILITY OF Important Agricultural Lands DESIGNATION FOR TMK
35004055 (2A. Introduction; 2B. State vs. County IAL; 2C. IAL Criteria; 2D. IAL Criteria
applied parcel 055; 2E. Burdens of IAL; 2F. IAL Can Affect Land Values:)
2A. Introduction: An "Important Agricultural Lands" designation for TMK X055 is not
accurate or appropriate. In addition to the fact that parcel 055 was a early adopter of
residential/commercial uses (that is, LDU uses and should stay LDU for that reason), there are
other reasons why parcel 055 will never qualify as "Important Agricultural Lands" (IAL) (the
new designation that the Laupahoehoe LUPAG proposes for parcel 055). ALSO SEE THE
APPENDIX AT THE END OF THIS MEMO FOR A BULLET POINT OUTLINE OF THE
3
IAL ISSUES INCLUDING INFORMATION FIRST PUBLISHED AT THE CDP MEETING
ON 5-25-16 & RELATED COMMENTS
2B. State vs. County IAL: The CDP differentiates County IAL (which would govern land use
changes requested in the future); vs. State IAL which is a program that governs IAL parcels
more broadly. Regardless of differences, there will come a time when 1) all or some of the IAL
parcels included in the CDP will become part of the General Plan; and 2) when Hawaii County
will have to submit a list of IAL parcels to the State Land Use Commission (LUC) as the state
program progresses. Once the IAL parcels and LUPAG maps are part of the General Plan, any
change to the IAL in the General Plan will require a Environmental Assessment (EA) which
may cost as much as $100,000 to procure. And if the County uses the list of County IAL
parcels to report to the LUC, the County IAL parcels will be in the State program. At that point
any changes that are requested in the State designation will be equally expensive and time
consuming to change. Also, given the nature of the IAL program, once a parcel is in IAL, it is
unlikely that changes will be approved. Once in the State program, the allowed uses for any
parcel designated IAL will be limited by the State (and likely by County zoning) to strict
agricultural uses: an example of the uses that might be allowed for IAL when the program is
operational is found in https://Ieaiscan.com/Hl/text/HB1361/id/919216.
Therefore, before any parcels are designated IAL by the County, it would behoove the County
to conduct a parcel -specific "on the ground study" such as has been done by Kauai
(http://plankauai.com/wp-content/uploads/IAL-FINAL-AUG-2015-combined-small.pdf) to
determine lands that are legitimately IAL lands. As it stands no such study has been done for
Hawaii Island. Only parcels that are capable of sustained high agricultural yields and that are
referred to by the CDP as "large agricultural lots" and "large productive agricultural
lands" (which would be at least 20 acres because that is the smallest confirming parcel that can
be created in Laupahoehoe mauka) should be considered for IAL designations. There are no
large or core (20 acres or more) agricultural lots along Kihalani Homestead Road which is Rural
the entire way to the top of the road. After the road terminates the large/core agricultural lands
spread out for many miles up the mountain. This should alleviate concerns that the "de facto
rural" parcels on Kihalani Homestead Road will clash with IAL agriculture.
compare "Factor 2: Minimize encroachment onto core agricultural lands. This second factor used in evaluating
LUPAG designations is based on Community Objective #2 which states: "Protect and restore viable
agricultural lands and resources."
2C. IAL Criteria: According to the County, the criteria for IAL includes:
1. parcels with better potential for sustained high agricultural yields because of soil type,
climate, topography, or other factors [for sustained high agricultural yields]
2. parcels that qualify as prime or unique (not usually applied to small or micro agriculture)
3. class B "good" soils (parcel 055 has a "C" rating along with most of Kihalani Homestead
Road)
4. USDA "fair" for two or more crops on an irrigated basis
El
The County recommends "the location of these lands should be verified by more detailed
mapping when considering specific land use decisions."
Additional State statutory and administrative criteria include:
1. lands that are producing sustained high agricultural yields (including soil quality, growing
conditions, productivity rating systems, adequate water, Hawaiian agriculture, lot size (critical
land mass), and proximity to markets, water, power
2. land that contributes to the State's economic base and produces agricultural commodities for
export or local consumption
3. such land that is fallow
None of these criteria match parcel 055 (see 2D IAL Criteria applied)
2D. IAL Criteria applied to parcel 055: Applying the IAL criteria for County and State that
pertains to parcel 055, a change of LUPAG designation and a change from LUP to IAL is not
warranted.
1. TOPOGRAPHY: 3.955 acre parcel; about half of it (2.328 acres) is a steep part that falls to
the gulch; CTAHR evaluates the steep part as possibly suitable for timber or grazing which may
not be feasible on 2.328 acres). Also the County is proposing a 10 acre parcel size to qualify
for an agricultural exemption for timber or grazing. Setting up timber or grazing would require
fences, grading and other supplies and labor which would require an investment of $20K or
more.
2. LOT SIZE (CRITICAL LAND MASS): The CDP Rationale refers to large agricultural lots
("preserve large productive agricultural lands") which would be at least 20 acres because
that is the smallest confirming parcel that can be created in Laupahoehoe mauka; 1.627 acres
for crops plus the marginal 2.328 acres in the back of the parcel is not "large".
3. POTENTIAL FOR SUSTAINED HIGH AGRICULTURAL YIELDS: parcel 055 has good
harvests given the slope and soil and growing seasons; but the size of the growing area does not
allow HIGH YIELDS since parcel 055 currently has 1.627 acres suitable for crops; the slope
and soil is marginal; and the growing season is not "sustained".
4. CONTRIBUTION TO THE STATE'S ECONOMIC BASE: this appears to apply to large
farms
5. ADEQUATE WATER: 1/2 inch line (vs. 2 which is commercial grade)
6. PROXIMITY TO MARKETS, WATER, POWER: Hilo (50 miles round trip)
7. SOIL TYPE on parcel 055 -difficult soil; in the "C" category. See Ookala Series below.
Location:
This wet, volcanic -ash soil extends across the lowlands of the Hamakua and Hilo
coasts on Hawaii island. Historically important for sugarcane production, this soil now
supports eucalyptus tree plantations and pasture lands.
5
Climate:
Mean annual rainfall is 122 inches (mean January = 11.8 inches, mean July = 9.5
inches). Mean annual temperature is 71 OF (mean January = 68.8°F, mean July =
73.5 °F).
Water:
High water holding capacity. Fast permeability. Soil is moist for majority of the year.
Little chance for runoff and erosion, but both increase as slope increases in steepness.
Fertility:
Naturally infertile (Fertility Class=Infertile Andisols). Low nutrient holding capacity.
Often deficient in calcium, magnesium, and potassium. However, with proper nutrient
amendment, it can be productive. Surface layers are rich in organic matter.
Phosphorous:
Very high phosphorus reactivity. Strongly "fixes" phosphorus, making added
phosphorus initially unavailable to plants. Requires very high phosphorus additions to
compensate.
Acidity:
Strongly acidic to near neutral (pH = 5.1 - 6.5) Acidity expected to increase if have
history of plantation agriculture (i.e. sugarcane, pineapple). May require liming when
intensively farmed.
Structure:
Weak physical structure provides fluffy texture, making cultivation easy, but provides
unsuitable conditions for engineering and construction. Engineering and cultivation
also unsuitable on steeper slopes. (class C even on level land)
Taxonomy:
Medial over hydrous, amorphic, isohyperthermic Acrudoxic Hydrudands
http:H/ zis.ctahr.hawaii.edu/SoilAtlas
2E. Burdens of IAL: A change to IAL for parcel 055 comes with increased land use burdens
imposed retroactively; and a likely loss of property value due to the strict regulation (note that
this would be in addition to the current County effort to repeal non -dedicated agricultural
exemptions and to impose acreage minimums). A change to IAL would therefore cause Parcel
055 an "unreasonable economic hardship" which cannot be prevented. Thus parcel 055 should
be continued in a LDU designation. An alternative would be to change the LUPAG for parcel
055 to "Rural" (see also the conclusion of these comments for another possible land use
category). Designating a small farm for IAL could actually hurt the chances of any kind of
agriculture being conducted. Although incentives are supposed to support the IAL program,
these incentives are may not apply to micro or small farms. The regulations of IAL might result
in long fallow periods. The burdens might be offset to some extent from having pre -IAL
grandfathered uses.
2F. IAL Can Affect Land Values: Using parcel 055 as an example: with a $250,000 purchase
price for 3.9 acres of land, the cost per acre is apx. $64,000 per acre (not counting the farming
on
expenses of supplies, machinery, overhead, etc.) The Institute for Local Self Government
(California) reported six years ago that even the most lucrative fruit and nut crops would only
support land values of $5,500 per acre. So the break-even in the best of circumstances would be
015 years or more. Many parcels nearby parcel 055 were purchased at even higher per acre
amounts and have been improved with more elaborate and expensive homes which makes
agriculture even less feasible. In Hamakua even seasoned large farms are finding it difficult to
stay in business: one example is Richard Ha who closed his Hamakua Springs Farms because it
was no longer profitable, http://www.bizjoumals.com/pacific/news/2016/01/06/big-islands-
hamakua-springs-country-farms-shutting html. The 2005 General Plan at section 14.2.1 Land
Use Agriculture states: "Agricultural land values have risen beyond their value for agricultural
purposes.... One of the key factors in adjusting to changing socio-economic conditions is the
restructuring of our land use regulatory system to distinguish between important and
other agricultural land." Land where agriculture cannot support a living wage can never be
IAL. Lumping all the parcels higher than some arbitrary elevation into IAL without considering
productivity does not properly characterize "Important Agricultural Land" or mean that any
agriculture will be feasible. It does risk many unintended consequences and hardship for the
owners of such parcels. The 2005 General Plan at section 14.3.5.3 North Hilo states:
"Commercial development is limited in the North Hilo district.... Population in the district
has been declining over the past thirty years." North Hilo and particularly Laupahoehoe
needs the County to help them: not to restrict their options by imposing the burdens of IAL. As
the 2005 General Plan section 15.1 states: "Regulations rely on government's police power
to control what people can do or not do ... Regulation can be restrictive, reactive, and
divisive. Incentive measures, on the other hand, can invite creative "win-win" solutions.
Examples of incentive measures include property tax exemptions such as for
agriculture.... Community Development Plans shall consider appropriate incentive
measures to achieve various objectives...." The CDP should be opting to give micro or small
farms and the rural homestead lands support and flexibility of how to operate so there is some
incentive to engage in agriculture. Even without any "support", the property owners on
Kihalani Homestead Road still try to contribute by helping to "keep the country, country" and
by making a small but helpful contribution to agriculture.
3. The CDP rationales for: 3A. taking TMK -55 out of LUP; 3B. putting TMK
_055 into IAL; 3C. not considering a Rural designation for TMK _055
are not convincing and should be revised.
In this section 3., excerpts of "rationales" from the CDP are shown in blue in 12 point Calibri
with a 1 point borde ; and COMMENTS are shown in black print. Relevant text in the CDP
and in the comments is highlighted in yellow with particularly relevant wording in bold.
References to the "CDP" are to the Hamakua CDP.
7
3A. Taking TMK _055 out of LUP
COMMENT: The CDP removes LUP designations for parcel 055 and other parcels on
Kihalani Road. The rationales regarding the CDP proposals to remove LUP on some
Laupahoehoe parcels and to put other parcels into LUP is stated in "Future Addendum to
Appendix, Draft CDP Rationale, January 2016" page 36: see text of the rationales in blue
below.
The CDP had 2 choices.
1) To use the 2005 LUPAG map; and the listing of parcels in LDU in the County computers
(which I confirmed for parcel 055 several times over the counter at Planning between 2004 to
2016) that clearly designated and included parcel 055 designated as LDU; or
2) To disregard the County designation that was clearly the product of a rational plan; and adopt
the Land Use Commission (LUC) map. Thus even if the 2005 LUPAG map might have been
"blob" mapping, the County had a list of LDU properties in their computers so there was no
confusion about what was LDU.
The current designation of parcel 055 as LDU confirms that the County has the discretion to
designate and zone property outside of the LUC Districts as "Urban" since Urban is a
designation that is typically left to the discretion of the County.
The CDP decided that the LDU designation should be reduced and chose to align with the LUC
map. This resulted in an irrational LDU pattern where two parcels that were comparable
(parcel 055 and parcel 086) are being treated differently in the CDP draft.
Also, the decision to align with the LUC ignores the fact that the County, as the agency that is
responsible for the administration of Urban lands, should default to align with the LDU
designations the County adopted in the 2005 General Plan as a matter of policy rather than
resorting to the State Districts that are outdated and less informed. For instance, the large Land
Commission Urban District in Papaaloa is based on the plans of Hamakua Sugar to build a very
large residential development in Papaaloa including large public parks and other amenities.
Although a small amount of the Hamakua Sugar residential development was actually
constructed, the majority of the development was never completed due to the closing of the
plantations: but the Urban district based on the Hamakua Sugar plan remains on the maps.
The rationale the CDP used for the decision to shrink the LUC designation for Laupahoehoe is
found at page 36 of the FUTURE ADDENDUM TO APPENDIX Draft CDP Rationale, January
2016 "Figure 16: Laupahoehoe/Papaaloa 2015 Proposed LUPAG Map".
The proposed LUPAG changes to Laupahoehoe are to lengthen the MDU area along the Old Mamalahoa
Highway to allow for increased flexibility in revitalizing the commercial core of the town and in response to
recent development trends in that area, and to align the makai and mauka LDU boundaries to be more
consistent with the State Land Use Urban district (while accounting for topography issues such as gulches).
n
*COMMENT: As stated above, the logical alignment would be with the County as expressed
by the decisions made by the County for the 2005 General Plan that included the parcels in
LDU that the CDP wants to delete including parcel 055.
*What are the "recent development trends" in Laupahoehoe? The only "trends" that have
affected Kihalani Homestead Road in the past 10 years have been more residential construction.
Otherwise the reasons for LDU designations that existed when the LDU parcels were
designated for the 2005 General Plan still exist.
The CDP states to support "Taking parcel 055 out of LUP":
In a few areas, the LDU is expanded beyond the State Land Use Urban district to allow for infill growth along
the lower portion of Kihalani Homestead Road.
*COMMENT: The fact that the CDP chose to expand LDU beyond the State Urban district for
some Laupahoehoe parcels confirms that the County may decide about urban land use
regardless of the State districts. This validates the current LDU designations for Kihalani
Homestead Road which includes parcel 055 in LDU.
*What is the "infill growth" that would justify departing from alignment with the State Urban
District? How would the "infill" rationale apply to the LDU "expansion" while LDU is being
deleted from other parcels? If infill is a criterion for being LDU all the parcels between
Mamalahoa and parcel 056 should be LDU based on any rationale regarding "infill".
The CDP states to support "Taking parcel 055 out of LUP":
In summary, the proposed changes to the LDU areas add consistency between the State and the County
designations, they lead to an overall reduced LDU area that is less arbitrary and more parcel -specific,
*COMMENT: Why is the 2005 LUPAG LDU area arbitrary? Exercising discretion, as the
2005 General Plan did when the current LDU designations were made, is not "arbitrary". The
proposed CDP changes to LDU appear to be based on CDP wanting more land in IAL which is
not warranted based on current and long standing land use in Kihalani Homestead.
*COMMENT: Also, there are two "factors" that are used by the CDP to justify the proposed
Laupahoehoe LDU decisions. Interestingly, these factors may be diametrically opposed in
terms of but each factor seeks to attain the same objectives. How were the objectives
implemented to align with the State rather aligning with the County? The true goal is whether
the certain "patterns" are "sustainable". Parcel 055 is a mere half mile or less from the urban
core to the extent it exists. I can testify that the "sustainable patterns" extend at least as far as
Parcel 055 based on usages on Kihalani Homestead Road (see the next comment); and have
been observed under the 2005 urban designations. So there must be some other motivation to
eliminate LDU and at the same time create the corresponding number of IAL designations that
have never been applied in the Kihalani Homestead before.
0J
The CDP cites Factors 3 and 4 to sunnort "'faking Aarcel 055 out of LUP":
Factor 3: Align with State Land Use District Boundary. The third factor in developing LUPAG
recommendations is BASED ON THE COMMUNITY'S OBJECTIVE #5, which states: "Direct future
settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets by
concentrating new development in existing, walkable, mixed-use town centers while limiting rural sprawl."
Factor 4: Align with County zoning [land use]. The fourth factor in developing LUPAG recommendations is
BASED ON THE COMMUNITY'S OBJECTIVE #5, which states: "Direct future settlement patterns that
are sustainable and connected. Honor Hdmdkua's historic and cultural assets by concentrating new
development in existing, walkable, mixed-use town centers while limiting rural sprawl."
*COMMENT: If you visit Kihalani Homestead Road (depending on weather) you will see
people walking, pushing strollers, running, biking and doing other "walkable" and other
sustainable and connected activities on the road far above Parcel 055 (Parcel 055 is only 4/10
of a mile from the Laupahoehoe "town center". And the road connects with our commercial
district and high school.
*COMMENT: As for "rural sprawl" in Kihalani Homestead, in my 12 years in Laupahoehoe I
have never heard the word "sprawl" or anything like it applied to Laupahoehoe. If the
Laupahoehoe community is not concerned with "sprawl", who is? If sprawl exists in
Laupahoehoe it is in a form that has been part of the homestead for decades as far as to the top
of Kihalani Homestead Road which people here just call "home". Any "sprawl" in
Laupahoehoe, be it peoples' homes or their gardens, has also been present for decades; so it is a
little late to be "limiting" it.
*COMMENT: What "parcel specific" considerations were used? What "parcel specific" data
was used? If the "parcel specific" considerations were based on aerial photography kindly
consider that Google Earth only updates images every two or three years. All the LDU parcels
on Kihalani Homestead Road currently designated LDU have been, and still are, serving LDU
functions. There is no reason to change the current LDU designations on Kihalani Homestead
Road.
*COMMENT: The rest of the policies cited do not appear to be relevant to LDU in
Laupahoehoe on Kihalani Homestead Road but are listed as part of the LDU issue in order to
respond to each "rationale".
The rationale cites Policy 2 to support "Taking parcel 055 out of LUP":
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
10
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'okala.
*COMMENT: These considerations are not relevant to the changes in the Laupahoehoe LDU
because none of the Laupahoehoe LDU is "coastal".
lne rationale cites Yohcv 4 to sunnort - l aking uarcel u--i--i out of LUF":
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. These preexisting lots have created a challenging land use scenario
because in practice, the majority of these areas are "de facto" rural subdivisions within a State and County
land use system that historically underutilized the State Land Use Rural District and Rural LUPAG
designations. This policy is intended to set appropriate criteria for when this Rural designation can be used.
Note the General Plan's LUPAG description for Rural describes the category as including existing subdivisions
in the State Land Agricultural and Rural districts that have a significant residential component. While rural lot
sizes can vary from 9,000 -square feet to five acres, new recommended Rural designations in the Hamakua CDP
have corresponding County zoning densities of a maximum of 1 unit per 1 acre. As noted in the General Plan,
the allowable uses within these areas (with appropriate zoning) may include commercial facilities that serve
the residential and agricultural uses in the area, and community and public facilities. The Rural designation
does not necessarily mean that these areas should be further subdivided to smaller lots as most lack the
infrastructure necessary to allow further subdivision. The General Plan describes rural development this way:
"Rural -style residential -agricultural developments may include either new small-scale rural communities or
extensions of existing rural communities. Such development provides opportunities for a mix of residential
and small-scale agricultural activities. However, the primary intent of these developments would be to provide
an added range to housing opportunities. Along with this housing, the large lots of these rural areas will
provide opportunities for part-time agriculture, gardening activities and the raising of livestock on a small
scale. By providing opportunities to satisfy the demand for a rural lifestyle on marginal agricultural land, the
pressures to develop important agricultural land for these purposes would be decreased." (General Plan
14.2.1) This General Plan description of rural -style residential -agriculture developments presents some
ambiguity, particularly about what constitutes "marginal agricultural lands" that are appropriate for this style
of rural residential development. For the purposes of the Hamakua CDP, the intent of recommending LUPAG
Rural designations in some areas is to accommodate existing land uses, to create a transition area of small
farm/residential land uses between the urban LDU and the larger lot agricultural (often Ag -20) areas, and to
accommodate a flexibility in housing options to provide an incentive to develop rural parcels closer to
residential communities with adequate infrastructure instead of developing rural- residential uses on large,
potentially productive agricultural lands. See also Factor 3, from Policy 1. The community of Ninole is a good
example of a community with existing LUPAG Rural based on its underlying State Land Use Rural District and
its predominance of the corresponding County zoning of Residential -Agriculture (RA). For more information on
homestead and rural settlements, see pages 174-176 of Appendix V4B.
11
No LUPAG Rural areas are proposed for these areas due to the prevalence of the surrounding existing rural -
style parcels in the homestead areas (e.g., Manowai'opae Homestead Road, Hokumahoe Road, and Kihalani
Homestead Road).
*COMMENT: This policy that addresses Rural uses does not directly address the issue of
taking TMK _055 out of LDU. However both LDU and Rural can provide an intermediate
land use or buffer between more intensive uses and agriculture. Policy 4 begs the question in
part 3C1 of why the CDP rules out a Rural designation for the homesteads including Kihalani
Homestead and parcel 055; when even the CDP admits the homesteads are "defacto rural"
*COMMENT: On Kihalani Homestead Road the only parcels that might qualify as "Important
Agriculture Land" or "Extensive Agriculture" would be the parcels mauka starting at the end of
Kihalani Homestead Road. Otherwise Kihalani Homestead Road is basically "de facto" rural
(vs. agricultural "anything") as the CDP states (see the green font in Policy 4, above). This
begs the question "why are the Kihalani Homestead Road parcels being characterized as IAL by
the CDP when they are de facto Rural land?"
The rationale for "Taking TMK _055 out of LDU" cites Policy 5 and 4:
Policy 5
In the official Land Use Policy Map, the urban growth boundary between developed areas (designated
"Low/Medium Density Urban") and lands designated as agricultural or rural (designated "Important
Agriculture Land" or "Extensive Agriculture" or "Rural") is intended to be parcel -specific in the Hamakua
CDP planning area. Areas that are clearly beyond the designated urban growth boundaries shall be
preserved as rural or agricultural lands to maintain open space, scenic view planes, and natural beauty
areas. Note: See Policy 6 for more information on Industrial areas. This policy clarifies that the urban growth
boundary established with the Hamakua CDP Land Use Policy Map establishes parcel -specific UGBs
whenever practical at the intersection between Urban and Rural/Agricultural land uses. The CDP strategy of
designating parcel -specific Urban designations adds clarity and specificity, increases transparency into the land
use designation process, and more accurately reflects the County's and the Community's land use goals and
intentions. Rationale: The Urban Growth Boundary (UGB) identifies areas where growth will be encouraged
and areas that are to be protected for agriculture. UGBs are intended to accommodate anticipated growth
and to separate areas appropriate for future residential development from areas intended for agricultural use.
This is sometimes referred to as "Town and Country" zoning, which requires that development occur only in
towns and villages, with the surrounding rural areas remaining undeveloped and available for farming,
forestry, natural area preservation, and recreation. The LUPAG map includes land use categories that
effectively establish an UGB between the agricultural categories (Orchard, Extensive Agriculture, and
Important Agriculture), the rural category, and the urban categories (Low, Medium, and High Density Urban,
Industrial, Urban Expansion, and Resort). This policy clarifies that the UGB established with the Hamakua CDP
Land Use Policy Map establishes parcel specific UGBs whenever practical. This strategy of moving toward
parcel -specific mapping for the Hamakua CDP Land Use Policy Map reflects a shift from the 2005 General
Plan's LUPAG direction of being generalized guidance. (See the rationale for Policy 1 for a further discussion of
the General Plan LUPAG.) As noted, the LUPAG maps were originally broad, flexible tools intended to guide the
direction and types of desirable growth for each area of the County. This general approach to guiding land use
and growth allowed for interpretive flexibility and was based, at least in part, on the challenges of creating
detailed maps specific enough to demonstrate land use designations at a parcel level. However, by allowing
12
general, `blob' style LUPAG maps, parcels were often split into various LUPAG designations in ways that
were more arbitrary than they were intentional. This, at times, led to property owners desiring clearer
direction about their land use designations and future development options and led some property owners to
seek further Planning Department interpretations of their property in relation to the general LUPAG
designations. Now that the CDPs have the opportunity and the technology to easily and efficiently create
parcel -specific LUPAG maps, it is a more proactive planning strategy to clearly articulate LUPAG designations
in the Hamakua CDP at a parcel level and decrease the prevalence of splitting LUPAG designations arbitrarily.
A compelling reason for an exception to this approach would be when part of a parcel is in an Open LUPAG
designation (such as when part of a parcel is within the State Land Use Conservation district — e.g., along the
coastline or in mauka forests). Any part of a parcel that is designated as LUPAG Open would remain Open for
that specific area of the parcel. Other exceptions to this parcel -specific strategy would be when the parcel is
large and may need to reflect two (or more) different types of LUPAG designations. For example, when the
parcel borders a town where part of it would be within the urban growth boundary, and yet the large parcel
stretches farther into agricultural areas where an Agricultural designation is appropriate. The CDP strategy of
making parcel -specific LUPAG designations adds clarity, specificity, and increases transparency into the land
use designation process and more accurately reflects the County's and the Community's land use goals and
intentions.
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".
*COMMENTS: Both LDU and Rural can provide an intermediate land use or buffer between
more intensive uses and agriculture as stated by the CDP in Policy 5 above and Policy 4 below.
There are several ways the entire Kihalani Homestead can serve as an UGB (non -conforming
Ag 20; Urban; Rural) without having to be designated IAL.
The rationale cites General Plan Policy 14.1.30) to support "Taking parcel 055 out of LUP":
(j) Encourage urban development within existing zoned areas already served by basic infrastructure, or close
to such areas, instead of scattered development.
*COMMENT: The 2005 Laupahoehoe LUPAG which included parcel 055 in the LDU
designation was not "scattered" and reflected a rational land use designation for Kihalani
Homestead Road. Like parcels were treated equally; and there was a clear boundary for the
LDU (even though the IAL designation is not appropriate IN Kihalani Homestead but applies to
only the large agricultural parcels ABOVE THE TOP of Kihalani Homestead Road).
3B. putting TMK _055 into IAL: see part 2., above: "Applicability Of Important
Agricultural Lands Designation For TMK _055". Parcel 055 does not qualify as IAL
and should not be designated as such.
3C. The CDP declines to consider a Rural designation for the homestead lands: 3C1: CDP
Says: No Rural Is Proposed Because Kihalani Homestead Is Rural De Facto; 3C2: CDP
Says: There Is An Excess Of Rural Development In Mauka Agriculture; 3C3: The CDP
Cites Various Policies To Justify Not Considering A Rural Designation For Homestead
Parcels Including Kihalani Homestead
13
*The rationale for not considering a Rural designation for Kihalani Homesteads (and
Laupahoehoe generally) is stated in "Future Addendum to Appendix, Draft CDP Rationale,
January 2016" page 36: In the rationales at part "Figure 16" the Laupahoehoe/Papaaloa
Proposed LUPAG map is discussed. With regard to Laupahoehoe and Kihalani Homestead
Road specifically, the CDP "Future Addendum to Appendix, Draft CDP Rationale, January
2U16 ttie riaure 16" ttie UIJF states:
Figure 16: Laupahoehoe/Papa'aloa 2015 Proposed LUPAG Map Rationale: The coastal communities of
Laupahoehoe, Papa'aloa, and Kapehu camp are inexorably linked with each other; each community is a former
plantation village surrounded by open pastures and working agriculture in close proximity to each other.
Laupahoehoe is the largest town in the North Hilo District and contains a strip of commercial lands along the Old
Mamalahoa Highway just mauka of Highway 19. Papa'aloa has a parcel with commercial zoning located makai of
the Highway 19 and three parcels with Industrial zoning in close proximity to the shoreline. Kapehu is a small
coastal subdivision with no commercial components but does have its own independent wastewater system. The
proposed LUPAG changes to Kapehu are to shrink the LUPAG LDU to be more parcel specific (this area is designated
State Land Use Urban District). This subdivision is a built -out neighborhood surrounded by agricultural lands in
close proximity to the shoreline; therefore, further expansion of the residential uses into the surrounding
agricultural lands or toward the shoreline are not preferred growth scenarios. The proposed LUPAG changes to
Papa'aloa are to make the LUPAG Low Density Urban designations mauka of the Highway 19 more parcel -specific
and consistent with the State Land Use Urban District. It is proposed to remove the LUPAG Medium Density Urban
designation since the necessary services and commercial uses could be accommodated under the LUAPG [sic] LDU
designation and the increased density that the LUPAG MDU allows for is not appropriate in this small coastal
community (see Policy 2 and Policy 3). The makai parcels of Papa'aloa with County Industrial zoning are
recommended to be designated as LUPAG LDU, or for the County -owned site, LUPAG Open since this would be
consistent with the neighboring park parcel and since Industrial uses are no longer desirable in such close proximity
to the shoreline. See the Note below for more information on LUPAG and County Zoning. The proposed LUPAG
changes to Laupahoehoe are to lengthen the MDU area along the Old Mamalahoa Highway to allow for increased
flexibility in revitalizing the commercial core of the town and in response to recent development trends in that
area, and to align the makai and mauka LDU boundaries to be more consistent with the State Land Use Urban
district (while accounting for topography issues such as gulches). In a few areas, the LDU is expanded beyond the
State Land Use Urban district to allow for infill growth along the lower portion of Kihalani Homestead Road. In
summary, the proposed changes to the LDU areas add consistency between the State and the County designations,
they lead to an overall reduced LDU area that is less arbitrary and more parcel -specific, they remove the MDU area
from Papa'aloa to ensure that commercial development is consistent with the rural character of the area, and they
remove obsolete Industrial designations on coastal parcels. No LUPAG Rural areas are proposed for these areas
due to the prevalence of the surrounding existing rural -style parcels in the homestead areas (e.g., Manowai`opae
Homestead Road, Hokumahoe Road, and Kihalani Homestead Road). These homestead areas contain previous
lots of record that were created prior to statehood, and they accommodate an EXCESS of rural development in the
agricultural mauka areas along the homestead roads. See the rationale for policies: Policy 2, Policy 4 and Policy 5
and the existing General Plan Policy 14.1.3 0).
*COMMENT: Policy 4 begs the question in part 3C1 of why the CDP rules out a Rural
designation for the homesteads including Kihalani Homestead and parcel 055; when even the
CDP admits the homesteads are "defacto rural" On Kihalani Homestead Road the only parcels
that might qualify as "Important Agriculture Land" or "Extensive Agriculture" would be the
parcels mauka starting at the end of Kihalani Homestead Road. Otherwise Kihalani Homestead
Road is basically "de facto" rural (vs. agricultural "anything") as the CDP states (see the green
font in Policy 4, above). This begs the question "why are the Kihalani Homestead Road parcels
14
being characterized as IAL by the CDP when they are de facto Rural land?" Both LDU and
Rural can provide an intermediate land use or buffer between more intensive uses and
agriculture as stated by the CDP in Policy 5 above and Policy 4 below. There are several ways
the entire Kihalani Homestead can serve as an UGB (non -conforming Ag 20; Urban; Rural)
without having to be designated IAL.
3C1: THE CDP SAYS: NO RURAL IS PROPOSED BECAUSE KIHALANI
HOMESTEAD IS RURAL DE FACTO
The Hamakua Community Development Plan: Rationale Future Addendum To
Appendix Draft CDP Rationale, January 2016 states at page 37:
No LUPAG Rural areas are proposed for these areas due to the prevalence of the surrounding existing rural -
style parcels in the homestead areas (e.g., Manowaropae Homestead Road, Hokumahoe Road, and Kihalani
Homestead Road).
*COMMENT: This rationale seems to say that Kihalani Homestead cannot be considered for a
rural designation because it is de facto rural already. There are many reasons why Kihalani
Homestead and a rational land use policy would benefit from an official Rural designation for
Kihalani Homestead and the other homesteads on Hawaii Island. To begin with, Kihalani
Homestead is conceded to be rural by both the County and the CDP. The major issue with a
rural designation is that it might encourage 1 acre subdivisions of Kihalani Homestead which no
one on Kihalani Homestead Road would welcome. This possibility might be mitigated by
layering Ag -20 zoning over a Rural LUPAG; or by creating a new Agriculture sub -category:
see the idea at the conclusion to these comments. Regardless, it would make more sense to
apply the Rural designation to Kihalani Homesteads rather than an IAL designation which is
entirely inappropriate for the properties on Kihalani Homestead Road. The County's and CDP's
concession that Kihalani Homestead is rural should be the last nail in the coffin for the idea that
Kihalani Homestead should be designated IAL.
The 2005 General Plan states at sec. 14.1.1
Rural Designation: Rural: this category includes EXISTING SUBDIVISIONS IN THE STATE LAND USE
AGRICULTURAL DISTRICTS that have a significant residential component. TYPICAL lot sizes vary from 9,000 -
square feet to two acres. These subdivisions may contain small farms, wood areas, and open fields as well as
residences. Allowable uses within these areas ... may include commercial... community and public facilities."
(emphasis added)
*COMMENT: This description makes it clear that the County has the authority to approve
Rural designations in agricultural zones; that existing subdivisions (like Kihalani Homestead)
that have rural uses are eligible to be designated rural; and that rural uses can be on State
Agricultural Districts as well as on Rural Districts.
15
3C2: CDP SAYS: THERE IS AN EXCESS OF RURAL DEVELOPMENT IN MAUKA
AGRICULTURE
*the CDP continues:
These homestead areas contain previous lots of record that were created prior to statehood, and they accommodate
an excess of rural development in the agricultural mauka areas along the homestead roads. See the rationale for
policies:
*COMMENT:
*Agriculture is a conforming use for both Agricultural and Rural land: as long as appropriate
agriculture is being practiced and agriculture benefits are realized. Is the CDP saying that the
relatively small parcels on Kihalani Homestead Road cannot pursue a rural lifestyle and that
they must be made to revert to 100% agriculture on the Homestead parcels? What does it mean
that the homesteads have an "excess of rural development" in agriculture? The homesteads are
being used in the way that was contemplated when the homesteads were created.
*The homesteads were created under Territory (State) law almost 100 years ago to address a
particular need: to attract small scale farmers and HOMEsteaders to settle in the remote parts of
the island and to use the homestead for subsistence and for whatever other benefits, including
residential and commercial uses, that might be possible(https://en.wikipedia.orglwikilHomesteading).
It ignores history to say that Kihalani Homestead has an "excess" or rural development: the
homesteads were designed to meld agriculture and rural features even though those terms were
not used 100 years ago. Although the citizens of Hawaii 100 years ago understood small vs.
large agriculture, a decision was made to right -size the homestead lots for the complementary
purposes of:
1) providing land of a size that a family could manage;
2) where a home could be built; and
3) where the price of the land would be manageable for the homesteaders.
The Hawaii homestead movement provided the desired beneficial effects which can still be seen
in action in the homesteads today. While the homestead lots may seem "non -conforming" with
regard to the modern zoning code, the homestead was authorized before there was a "county" or
a "zoning code" or a "LUPAG": and therefore have precedence over the current regulations
legally or at least on principle. Homesteads are not some awful mistake of land use planning.
They are a separate land use that has served and still serves a needed purpose. Kihalani
Homesteads should not be expected to fit into any uses or restrictions other than those that were
contemplated when the homestead were established 100 years ago. To change the use of the
homestead lands to some other use such as IAL is a misunderstanding of what the homesteads
were intended to be and what they contribute to currently. Also, there are still thousands of
acres of large agricultural land above the homesteads that are parcels of a size of more than 20
acres+ and which are truly IAL whose owners would probably welcome an IAL designation
16
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
*The CDP states:
These preexisting lots have created a challenging land use scenario because in practice, the majority of these areas are
"de facto" rural subdivisions within a State and County land use system that historically underutilized the State Land
Use Rural District and Rural LUPAG designations.
*COMMENT: The homestead parcels are too big to be rural; too small to be productive
agricultural ---but can still be ZONED agriculture (and LUPAG could be Rural) ---see
conclusion of these comments below for a suggestion to deal with the homestead lands
*The CDP states:
THIS POLICY IS INTENDED TO SET APPROPRIATE CRITERIA FOR WHEN THIS RURAL DESIGNATION CAN BE USED. Note the
General Plan's LUPAG description for Rural describes the category as including EXISTING SUBDIVISIONS in the State
Land Agricultural and Rural districts that have a SIGNIFICANT RESIDENTIAL COMPONENT. While rural lot sizes can vary
from 9,000 -square feet to five acres, new recommended Rural designations in the Hamakua CDP have corresponding
County zoning densities of a maximum of 1 unit per 1 acre. As noted in the General Plan, the allowable uses within these
areas (with appropriate zoning) may include COMMERCIAL FACILITIES THAT SERVE THE RESIDENTIAL AND
AGRICULTURAL USES in the area, and community and public facilities. The Rural designation does not necessarily mean
that these areas should be further subdivided to smaller lots as most lack the infrastructure necessary to allow further
subdivision. The General Plan describes rural development this way: "Rural -style residential -agricultural developments
may include either new small-scale rural communities or extensions of existing rural communities. Such development
provides opportunities for a mix of residential and small-scale agricultural activities. However, THE PRIMARY INTENT OF
THESE DEVELOPMENTS WOULD BE TO PROVIDE AN ADDED RANGE TO HOUSING OPPORTUNITIES. Along with this
housing, the large lots of these rural areas will provide opportunities for part-time agriculture, gardening activities
and the raising of livestock on a small scale. By providing opportunities to satisfy the demand for a rural lifestyle on
MARGINAL agricultural land, the pressures to develop important agricultural land for these purposes would be
decreased." (General Plan 14.2.1)
*COMMENT: The CDP text quoted immediately above exactly describes Kihalani
Homestead. There are housing opportunities on all the parcels: most of which already have
housing and the other rural uses.
*The CDP states:
This General Plan description of rural -style residential -agriculture developments presents some AMBIGUITY, particularly
about what constitutes "marginal agricultural lands" that are appropriate for this style of rural residential development.
*COMMENT: "Marginal lands" describes parcel 055 and the other homestead parcels. Most
or all of the homestead parcels are deficient in one way or other regarding agricultural
suitability (see part 2C. IAL Criteria above). This does not mean the homestead parcels
cannot provide benefits to our community. Only to say they are not candidates for IAL.
*The CDP states:
FOR THE PURPOSES OF THE HAMAKUA CDP, the intent of recommending LUPAG Rural designations in some areas is
to accommodate existing land uses, to create a transition area of small farm/residential land uses between the urban
LDU and the larger lot agricultural (often Ag -20) areas,
*COMMENT: This exactly describes Kihalani Homestead... the first "larger lot agricultural
(often Ag -20)" areas are located right after the end of Kihalani Homestead Road. Ag -20 should
be expressed as "20 acres or more" because 20 acres is the smallest conforming parcel for
zoning purposes. As far as Ag -20 describing Kihalani Homestead, there has never been and
EV
will never be a "20 acre parcel or larger lot agricultural" in this homestead. It is just the zoning
designation that comes with the land. The zoning doesn't care about the quality of the land for
agriculture in Kihalani Homestead. It simply defines agricultural uses.
*The CDP states:
and [the intent of recommending LUPAG Rural designations is] to accommodate a flexibility in housing options to
provide an incentive to develop rural parcels closer to residential communities with adequate infrastructure instead of
developing rural- residential uses on LARGE, POTENTIALLY PRODUCTIVE AGRICULTURAL LANDS. See also Factor 3, from
Policy 1.
*COMMENT: Kihalani Homestead will never be "large, potentially productive agricultural
lands" but it does compare to most of the Rural criteria.
*The CDP states:
The community of Ninole is a good example of a community with existing LUPAG Rural based on its underlying State
Land Use Rural District and its predominance of the corresponding County zoning of Residential -Agriculture (RA). For
more information on homestead and rural settlements, see pages 174-176 of Appendix V413.
*COMMENT: A LUPAG Rural designation can be applied by the County without the parcel
being in a State Rural District. See next paragraph.
*The 2005 General Plan states at sec. 14.1.1:
Rural Designation: Rural: this category includes EXISTING SUBDIVISIONS [including homestead lands] in the in the State
Land Use Agricultural Districts that have a significant residential component. Typical lot sizes vary from 9,000 -square
feet to two acres. These subdivisions may contain small farms, wood areas, and open fields as well as residences.
Allowable uses within these areas ... may include commercial... community and public facilities."
*COMMENT: This description makes it clear that the County has the authority to approve Rural
designations for LUPAG or zoning regardless of the State land use map; that existing subdivisions that
have rural uses are eligible to be designated rural; and that rural uses can be on State Agricultural
Districts as well as on Rural Districts. To the extent the acreage minimums are an issue, the
agricultural zoning could be relied on to trump a rural LUPAG map.
*the "nearest productive agricultural lands" are at the top of Kihalani Homestead Road
*The rationale cites Policy 5
Policy 5 In the official Land Use Policy Map, the urban growth boundary between developed areas (designated
"Low/Medium Density Urban") and lands designated as agricultural or rural (designated "Important Agriculture Land" or
"Extensive Agriculture" or "Rural") is intended to be parcel -specific in the Hamakua CDP planning area. Areas that are
clearly beyond the designated urban growth boundaries shall be preserved as rural or agricultural lands to maintain
open space, scenic view planes, and natural beauty areas. Note: See Policy 6 for more information on Industrial areas.
*COMMENT:
*parcel 055 is:
*already zoned agricultural (A-20)
*not beyond the urban growth boundaries (see 1. TMK _055 & History: Parcel 055 Should Be
Retained In A LDU Designation)
19
The CDP states:
Rationale: The Urban Growth Boundary (UGB) identifies areas where growth will be encouraged and areas that are to be protected
for agriculture. UGBs are intended to accommodate anticipated growth and to separate areas appropriate for future residential
development from areas intended for agricultural use. This is sometimes referred to as "Town and Country" zoning, which requires
that development occur only in towns and villages, with the surrounding rural areas remaining undeveloped and available for
farming, forestry, natural area preservation, and recreation. The LUPAG map includes land use categories that effectively establish
an UGB between the agricultural categories (Orchard, Extensive Agriculture, and Important Agriculture), the rural category, and the
Community Review Draft 2016 urban categories (Low, Medium, and High Density Urban, Industrial, Urban Expansion, and Resort).
This policy clarifies that the UGB established with the Hamakua CDP Land Use Policy Map establishes parcel specific UGBs whenever
practical.
*COMMENT: *Kihalani Homestead and parcel 055 is already developed and size -appropriate
farming is being practiced on most of the Kihalani Homestead parcels
*parcel 055 is designated as LDU
*the UBG for Kihalani would properly be the entire Kihalani Homestead; and the first parcel
above the end of Kihalani Homestead Road would be the first large agricultural land; see map
and parcel bordered in red, below, which is TMK -083 & 68 acres (and the first
large/core agricultural commercial size lot near) Kihalani Homestead Road that might be
qualified to be IAL.
*The CDP states:
*Rationale: This strategy of moving toward parcel -specific mapping for the Hamakua CDP Land Use Policy Map
reflects a shift from the 2005 General Plan's LUPAG direction of being generalized guidance. (See the rationale for Policy
1 for a further discussion of the General Plan LUPAG.) As noted, the LUPAG maps were originally broad, flexible tools
intended to guide the direction and types of desirable growth for each area of the County. This general approach to
guiding land use and growth allowed for interpretive flexibility and was based, at least in part, on the challenges of
creating detailed maps specific enough to demonstrate land use designations at a parcel level. However, by allowing
general, `blob' style LUPAG maps, parcels were often split into various LUPAG designations in ways that were
more arbitrary than they were intentional. This, at times, led to property owners desiring clearer direction about
their land use designations and future development options and led some property owners to seek further
Planning Department interpretations of their property in relation to the general LUPAG designations. Now that the CDPs
have the opportunity and the technology to easily and efficiently create parcel -specific LUPAG maps, it is a more
proactive planning strategy to clearly articulate LUPAG designations in the Hamakua CDP at a parcel level and
decrease the prevalence of splitting LUPAG designations arbitrarily. A compelling reason for an exception to this
approach would be when part of a parcel is in an Open LUPAG designation (such as when part of a parcel is within the
State Land Use Conservation district — e.g., along the coastline or in mauka forests). Any part of a parcel that is
designated as LUPAG Open would remain Open for that specific area of the parcel. Other exceptions to this parcel -
20
specific strategy would be when the parcel is large and may need to reflect two (or more) different types of LUPAG
designations. For example, when the parcel borders a town where part of it would be within the urban growth
boundary, and yet the large parcel stretches farther into agricultural areas where an Agricultural designation is
appropriate. The CDP strategy of making parcel -specific LUPAG designations adds clarity, specificity, and increases
transparency into the land use designation process and more accurately reflects the County's and the Community's
land use goals and intentions.
*COMMENT:
*there are no splits at or around parcel 055
*the 2005 General Plan was not "generalized" for LDU: the County had a written list of parcels
that were LDU; and all indicators are Laupahoehoe LDU urban designations were made after a
rational process
*the "community" referenced is first and foremost the citizens of Laupahoehoe and the
respective land owners
*the 2005 LUPAG map might be considered to be "blob mapping" but the County has also
maintained written data for each parcel at all times of the LUPAG designations of each parcel
which has shown parcel 055 as LUPAG; even with blob mapping the boundaries and
characteristics of a parcel can be determined in County records
*parcel specific mapping and good technology is helpful; but for something like IAL a site visit
and comprehensive study should be done
The rationale cites General Plan Policy 14.1.30):
(j) Encourage urban development within existing zoned areas already served by basic infrastructure, or close to such
areas, instead of scattered development.
*COMMENT: The 2005 Laupahoehoe LUPAG which included parcel 055 in the LDU designation
was not "scattered" and reflected a rational land use designation for Kihalani Homestead Road. Like
parcels were treated equally and there was a clear boundary for the LDU (even though the IAL
designation is not appropriate in Kihalani Homestead but applies only to the large agricultural parcels
above the top of Kihalani Homestead Road).
4. CONCLUSION
The main problem of dealing with the homestead lands is that there is really no category, either State or
County, that fits their use well. Homesteads are de facto Rural. But there is a problem in using Rural
in that the rural category provides for parcels as small as one acre and even the homestead owners
would not want new one acre parcels created in their neighborhoods. The Urban uses can cover some
of the homestead lands at lower elevations but do not apply as well past where electric service
terminates. Agricultural zoning takes care of land use above the urban uses. The fact that neither the
State nor County have taken the time to deal with the "challenge" of the homestead lands (referenced in
the CDP) is NOT a reason for slamming the homesteads into an equally inappropriate category like
"Important Agricultural Lands" which involves many unintended consequences and hardships for the
land owners living in the homesteads. The homesteads were created under State law to address a
particular need: to attract small scale farmers and homesteaders to settle in the remote parts of the
island and to occupy those areas for the good of the island. Having taken this bargain nearly 100 years
ago which still is perpetuated today, it behooves the State and County to recognize the homesteaders
21
signal contributions by at least giving them an appropriate land use. My suggestion would be to leave
the homesteads in State Agricultural and County Ag20 with the same Ag20 conforming uses they have
now, knowing the parcels are and always will be non -conforming or grandfathered in terms of size;
and then to create another LUPAG designation that fits the homesteads such as "Agricultural
Homesteads" that would accurately define the homestead uses as they exist. The 2015 General Plan
will not be completed until 2017 or 2018: so there is plenty of time to craft the right LUPAG
"Agricultural Homesteads" designation for the homesteads that must reflect their historical and current
uses. IAL should apply only to parcels situated outside of the homesteads (which start around 1000 ft.
elevation) if those lands can qualify as truly "important".
Thank You.
*please see the appendix beginning on the next page
22
appendix
COMMENTS ON CDP INFORMATION INTRODUCED AT 5-25-16 MEETING
BULLET POINT OUTLINE OF IAL ISSUES
Please see list "Bullet Points About CDP 'Important Agricultural Lands"' following issues 1 to 8
immediately below which addresses information introduced at the CDP meeting on 5-25-16 at
Laupahoehoe School.
ISSUES 1 TO 8
The following is based on information introduced by Planning at the CDP meeting on 5-25-16
at Laupahoehoe School. Each topic has 2 parts: ISSUE and ISSUE COMMENTS.
ISSUE 1: At the 5-25-16 CDP meeting a hand out was distributed about the differences
between County (LUPAG) Important Agricultural Lands (IAL) and IAL at the State level.
Discussion followed the hand out.
a. Hand Out "LUPAG Frequently Asked Questions" states:
1) "LUPAG Important Agricultural Lands Designation vs. State Important Agricultural Lands
(IAL): It is important to recognize that the current General Plan uses the term "Important
Agricultural Lands" as one of its agricultural categories, but there is no correlation to the
State's Important Agricultural Lands designation from Hawaii Revised Statues §205-41
through 52. The LUPAG terminology is expected to be revised in the upcoming General Plan
Comprehensive Review to avoid confusion concerning these two, unrelated land use
designations.
2) "How do the LUPAG designations relate to County Zoning? The LUPAG designations guide
decisions related to future land use. For example, any proposed rezoning must be consistent
with the LUPAG. However, County zoning determines a parcel's current permitted land use
and development entitlements. "
b. Discussion: At the meeting Planning stated to the effect: The definition and significance of
"Important Agricultural Lands" (IAL)" used in the LUPAG maps and County definition of
IAL is very different than the definition and significance as used by the State. The use of IAL
at the County level was an unfortunate choice: and the designation should be revised to
something like "Agricultural Lands". In the meantime the Hamakua CDP will be supplemented
to clarify the definition and significance of "Important Agricultural Lands" (IAL) as used in
the CDP. Planning verbally agreed that County (LUPAG) IAL only means current
applicable agricultural zoning.
23
*ISSUE 1 COMMENTS:
*It is worth mentioning that land use, including agricultural use, is partially addressed by State
statutes that supplement or are incorporated into County zoning. An example HRS Ch 205 and
205-4.5. When the State Important Agricultural Lands program is implemented in the future
that program will also constitute a land use overlay. When the LUPAG terminology is
amended to change the County (LUPAG) category "IAL" to something like "Agriculture" a
provision should be included in the CDP that the new designation does not include land use
currently regulated by the State.
*Will the information in the hand out and the discussion be incorporated into the CDP? If it is
true that County (LUPAG) IAL only means "current applicable agricultural zoning" that should
be included in the CDP.
*The LUPAG IAL designation should be changed: I would favor using "Agricultural" rather than
"Agricultural Lands". The word "Lands" will still tend to be confused with State IAL. The other
designations do not say "Rural Lands", or "Urban Lands".
*Another hand out distributed by Planning at the 5-25-16 meeting quotes HRS 205-2
"Development on agricultural land is limited to agriculture [and other farm uses], open area
and recreational use". HRS 205-2 does not have such a provision.
*The 2005 General Plan includes a reference at page 270 using the term "Important
Agricultural Lands" which was previously called "Intensive Agriculture". Apparently that is a
way to identify "agricultural lands are those with better potential for sustained high
agricultural yields". There is nothing wrong with trying to identify the better agricultural lands
on Hawaii Island. But such studies should be called something else than Important Agricultural
Lands which is actually a State designation. The term Important Agricultural Lands and the
abbreviation IAL should not be used in the CDP or General Plan until the process of identifying
and finalizing the IAL designations at the LUC level is completed.
*ISSUE 2:
■Although land use matters on Hawaii Island are not directly subject to State IAL (until the IAL
lists are submitted to and approved by the Land Use Commission), there are parts of the CDP
that incorporate State IAL concepts and policies (and some that refer to "IAL") which, if
approved by the County Council, will become County law.
■If this happens the CDP concepts and policies would be a exception to the statement that
"County (LUPAG) IAL only means current applicable agricultural zoning";
■and the CDP IAL policies would usurp State jurisdiction at a time that no lists of IAL parcels
would have been submitted to and approved by the Land Use Commission (and at a time,
therefore, that there would not be Hawaii County IAL parcels). (an exception being parcels
that are IAL by virtue of a HRS 205-45 Petition... which would be solely under the jurisdiction of
the State LUC in any event)
24
■For instance, the following policies are from the CDP and the State policies that address the
same issue as the CDP regarding State IAL provision followings each CDP policy.
*CDP says: assist the further development of agriculture through the protection of important
agricultural lands. (GP 2.3 (s))
*HRS 205-43 says "State and county agricultural policies, tax policies, land use plans,
ordinances, and rules shall promote the long-term viability of agricultural use of important
agricultural lands and shall be consistent with and implement the following policies:"
*HRS 205-43 (1) says "Promote the retention of important agricultural lands in blocks of
contiguous, intact, and functional land units large enough to allow flexibility in agricultural
production and management;"
*CDP says: Ensure that development of important agricultural land be primarily for
agricultural use. (GP 14.2.3 (j))
*HRS 205-43 (2) says: "Discourage the fragmentation of important agricultural lands and the
conversion of these lands to nonagricultural uses";
*CDP 4.3.3 Land Use Policy, Policy 24 says: To preserve the agricultural character of Hamakua
and to reinforce existing protections, the official Hamakua CDP Land Use Policy Map
designates agricultural lands in the Hamakua Planning Area to be preserved for agriculture
and open space. 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. (Hamakua Community Development Plan Draft
For Community Review January 2016 pg.57)
*HRS 205-43 (3) says: Direct nonagricultural uses and activities from important agricultural
lands to other areas and ensure that uses on important agricultural lands are actually
agricultural uses;
HRS 205-43 (4) says: Limit physical improvements on important agricultural lands to
maintain affordability of these lands for agricultural purposes;
*ISSUE 2 COMMENTS:
*The CDP should distinguish between County agriculture zoning requirements; and State IAL
land use, concepts, and policies in the CDP that do not apply to Hawaii County until the State
IAL lands are submitted and approved by the LUC.
*The CDP should state to the effect that "Policies and matters in the CDP that are termed as or
related to State IAL policies that will only be effective in the future for agricultural land when
Hawaii County parcels are designated IAL based on the IAL list submitted to the State Land
25
Use Commission by the County, shall only apply to County parcels when the Land Use
Commission has made a final decision to include such parcels as IAL and when the LUC
approves of any County policies or regulations that purport to implement the State IAL uses,
policies or regulations. In the meantime all land use for agricultural parcels shall be governed
by the zoning code".
*A separate planning track should be launched by Hawaii County to study IAL only.
*The County should create and frequently update a separate website to educate the public
about the IAL process that will lead to the submittal of parcels to the LUC; and how the IAL
differs from the agricultural policies and goals in the CDP and the General Plan.
*How would existing development of agricultural parcels be "preserved" for agriculture and
open space? And how will this policy affect the re -building of destroyed or damaged
structures on parcels that are currently developed with residential homes and other non-
agricultural structures? There should be a provision in the CDP that allows any loss of
grandfathered non-agricultural structure to be repaired, rebuilt, and used in a pre -IAL manner
in perpetuity which runs with the land.
*ISSUE 3: The General Plan also adopts criteria for important agricultural lands modeled on
State law that apparently refers to County (LUPAG) IAL which is supposed to be limited to
"zoning". These General Plan criteria refer to State IAL which further confuses County IAL with
State IAL. The General Plan use of State IAL criteria cannot be binding since there is no State
IAL in the County of Hawaii except those IAL by virtue of a 205-45 Petition (if any) which also is
under State jurisdiction.
For instance,
■the 2005 General Plan states at page 14-8: Important Agricultural Land: Important
agricultural lands are those with better potential for sustained high agricultural yields because
of soil type, climate, topography, or other factors
■compare to State HRS 205-42 "Important agricultural lands" means those lands... that... Are
capable of producing sustained high agricultural yields...."
■County: Important agricultural lands were determined by including the following lands:
■compare to State HRS 205-44 Standards and criteria for the identification of important
agricultural lands
■County: Lands identified in the Agricultural Lands of Importance to the State of Hawaii
(ALISH) classification system as "Prime" or "Unique".
■compare to State: HRS 205-44 c-3: Land identified under agricultural production rating
systems, such as the agricultural lands of importance to the State of Hawaii (ALISH) system
26
*County: Lands classified by the Land Study Bureau's Soil Survey Report as Class B
"Good" soils. (There are no Class A lands on the island of Hawaii)
*compare State: HRS 205-44 c-2: Land with soil qualities... that support agricultural
production
*County: Lands classified as at least "fair" for two or more crops, on an irrigated basis, by
the USDA Natural Resource Conservation Service's study of suitability for various
crops.
*State: HRS 205-44 c-3: Land identified under agricultural production rating systems
*Also the County General Plan 14.2.4 states "prevent non-agricultural uses that COULD
interfere with POTENTIAL or existing agricultural activities on important AGRICULTURAL
IMPORTANT LANDS (which is a policy that goes beyond the current agricultural zoning)
*ISSUE 3 COMMENTS:
*Both the CDP and GP are regulating State IAL when it does not yet exist pending the
submittal of parcels to the LUC
*To the extent that the County is defining State IAL the County does not have the power to
regulate State matters; and there is no IAL land at this point in time.
*There is nothing wrong with the County adopting the same or similar State criteria to express
lands that have superior farm potential. But the General Plan should not refer to Important
Agricultural Lands or IAL when doing so.
*It appears from the text at page 14-8 in the General Plan that the County has made a parcel -
by -parcel "determination" of parcels that are Important Agricultural Lands. Is there a
document that shows these parcels and how each parcel was "determined" to be "Important
Agricultural Lands "?
*ISSUE 4: The State IAL process of obtaining IAL lists from the Counties will begin soon since
both Kauai and Oahu have already conducted in-depth studies to identify State IAL prior to the
submittal of lists of IAL to the LUC.
*ISSUE 4 COMMENTS: The public should be advised about the IAL process: including timeline
and the consequences of being a State IAL parcel. See also the Issue 2 Comments.
*ISSUE 5: The parcels included currently in the CDP as LUPAG IAL will be first tier candidates
to be included in the list the County is required to submit to the LUC to designate Hawaii
County IAL and parcels for inclusion as State IAL. Planning stated at the 5-25-16 meeting that
it is not clear how or when Hawaii County will decide about the IRL list. Hawaii County
appears to have an option of just submitting maps (see LURF powerpoint "The Road Ahead",
27
Slide 1) rather than doing a study (which could result in the County LUPAG being sent
wholesale to the LUC: although Planning told the 5-25 audience that not all IAL parcels would
be sent to the LUC). It is not known what kind of notice and due process owners of Hawaii
Island parcels on the list may be granted (including having input on the parcel selection criteria
or the benefit of a study like Kauai did). Once a parcel is on the State IAL list for the LUC, a
parcel owner may lose property value (see HRS 205-43 "county ... land use plans, [and]
ordinances... shall be consistent with and implement... policies .... (3) Direct
nonagricultural ... from important agricultural lands .... (4) Limit physical improvements on
important agricultural lands to MAINTAIN AFFORDABILITY OF THESE LANDS......). Once on the
IAL list owners will be subject to multiple hardships: restrictions on the right to build and
occupy houses; prohibitions on additional uses; uncertainty about being able to rebuild
destroyed or damaged structures including homes, etc. Once a parcel is on the State list it will
take the permission of the LUC to get off the list (a lengthy and expensive procedure)
*House Bill 1361/2014 session did not pass but gives a glance at what State IAL regulations
would look like once the State IAL is determined by the LUC; https://Iegiscan.com/HI/text/HB1361/id/919216;
"SECTION 1. To date, the land use commission has designated 89,859 acres of agricultural
lands as important agricultural lands .... [currently ... 20141 the law does not limit the uses and
activities that are permitted on important agricultural lands. Consequently, it appears that all
of the uses and activities permitted on agricultural lands, generally, are also permitted on
important agricultural lands .... The purpose of this Act is to identify permissible and accessory
uses and activities on lands designated as important agricultural lands.
SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended.... §205- (a) Permissible uses
within designated important agricultural lands. (1) Cultivation of crops.... (2) [Game and
fish propagation]; (3) Raising of livestock (4) Farm dwellings, farm labor, or farm employee
housing .... (other agriculture) (b) Uses not expressly permitted in subsection (a) shall be
prohibited, except non -conforming.... no subdivision or establishment of a condominium
property regime on designated important agricultural lands shall be approved by the State or
counties....
*ISSUE 5 COMMENTS:
*Planning said that the IAL list to be sent to the LUC would not include all County (LUPAG) IAL
parcels. If the Kauai IAL study is any guide and Hawaii County engages in a comprehensive
study, only about 40% would qualify as IAL.
Overview Map of Agi
Meeting the Thresho
39.11 % IAL
53,547 acres
Th.a MAP ehaxa ah lands INV meat the
crfiema threFAOU seore a+29 Points and
above It also snows agricunuraa lams
Thal have Wen deslgFie*d as IAL on
Kauai This mapmay be subject io
change and should hal he tonsirued
as the County or Kaue 15 fmai Imparia nt
Agncuhural Limits map
Legend
State Highway
Maesignated IAL {approximately t
!AL Criteria Scores
a 2$ Arm; 8V Pereemege� 0,09
-
28-4D Area,53,547 acres
Pereeniege� 39.11
COKPLN 112414
*See powerpoint The Road Ahead: Slide 31: Hawaii County has more than 1.2 million acres of
LUC agricultural land
http://ww w. hawaiicountycdn. info/hamakua-cdp/about-the-hamakua-cdp-planning-area/past-and-current-planning-activities-in-the-
hamakua-cdp-planning-area/051103%20HCPO Uchida. pptx/vie w
*Slides.from Important Agricultural and Rural Lands The Road Ahead Land Use Research Foundation Of Hawaii:
http://www.lurforg/, Executive Director Dean Uchida
iThe County should adopt a process for creating its IAL list for the LUC that is deliberate and
that is based on a thorough study of the type Kauai engaged in.
Making a decision by mapping alone will shortchange the citizens of Hawaii County because
mapping alone will likely result in parcels being mistakenly placed on the LUC list.
iThere is ample acreage on Hawaii Island to allow the County to limit the IAL parcels sent to
the LUC to be the very best lands: instead of merely lumping everything designated County
"IAL" onto the LUC list.
c
sCitizens must be given a long notice period, well before the submittal to LUC, if their parcel is
targeted to be on the IAL list; and must be accorded due process if there is a disagreement.
sCitizens must also have input on the selection criteria for parcels
sCitizens must have the benefit of a study like Kauai to be confident that the IAL is process is
fair: especially given the serious risks that small acreage parcels will face if they are designated
IAL.
sLastly if small acreage owners are on the PUC list they must be entitled to incentives that are
targeted at small farms (the large case commercial incentives do not apply to small farms for
the most part) including:
►property tax forgiveness
►crop subsidies
►compensation for any diminution of property value
*A separate planning track should be launched now by Hawaii County to study IAL only.
*The County should create and frequently update a separate website to educate the public
about the IAL process that will lead to the submittal of parcels to the LUC; and how State IAL
differs from current agricultural zoning.
*ISSUE 6: When the County certifies the list of IAL parcels Land Use Commission (LUC) and it is
adopted by the LUC, the County will be required to adopt County ordinances that implement
the use restrictions in the State Constitution and State law that will require the County to
adopt the more strict and inflexible standards in the State law for conforming uses. To the
extent that County IAL may be just the County agricultural zoning now, that status will change
in the near future. The obligation for counties to submit lists has been in place since July,
2011; and Oahu and Kauai are close to submitting their lists having already done a IAL
suitability study of agricultural parcels island wide. Regulations that will come with IAL
designation when the County IAL lists have been submitted to the LUC and when the LUC
approves parcels for IAL include:
*HRS 205-43 "county ... land use plans, [and] ordinances... shall be consistent with and
implement [State IAL]... policies .... [including] (3) Direct nonagricultural ... from important
agricultural lands .... (4) Limit physical improvements on important agricultural lands to
maintain affordability of these lands...." []
*HRS 205-45.5 allows farm dwellings and employee housing for farmers, employees and their
immediate family members .... The farm dwellings and employee housing units shall be used
exclusively by farmers and their immediate family members who actively and currently farm
on important agricultural land .... the immediate family members... shall not live in separate
house .... the landowner shall not plan or develop a residential subdivision on the important
agricultural land
all
*University of Hawaii Key Points to Understand Important Agricultural Lands FAQ: "Once my
land is considered IAL, can it be used for something else? It cannot be used for anything but
agriculture.
*ISSUE 6 COMMENTS:
*When the State IAL lists are submitted to and approved by the LUC the County will have to
amend their zoning to comply with State law governing Important Agricultural Lands
*If a farmer living on a IAL parcel suffers a debilitating medical condition and cannot "actively
and current farm" do they have to move off their property to some other place to live out
their lives or petition the LUC? There seem to be no exceptions. It would seem that the State
should adopt automatic exceptions to the IAL uses that would provide for continued residence
in a farm dwelling without having to go through an administrative process to get permission.
*ISSUE 7: The CDP proposes to convert more Laupahoehoe parcels (at least 12 parcels) from
non -IAL designations to IAL.
*ISSUE 7 COMMENTS: Please comment on the discussions and deliberations that led to long
these standing urban designations being changed. To what extent was the change due to
simply create more IAL parcels?
*ISSUE 8: IAL and Rural Uses. The Land Use Research Foundation, a respected think tank for
Hawaii land matters, suggests "A Case For Rural Designations And Zoning". Instead of using the
IAL designation , based on the fact that there are many agricultural lands that do not qualify
for IAL, Counties should strive to convert non -IAL parcels to be designated Rural.
*County General Plan states at 14.2.3(g) that "Land zoned for use in the rural district shall be
expanded, where appropriate."
*ISSUE 8 COMMENTS:
http:Ilwww. hawaii countycdp. info hamakua-cdp/about-the-hamakua-cd-planning-are yMast-and-current-planning-activities-in-the-
hamakua-cdt)-planrning-area/051103 %20HCPO Uchida.1)t)tx/vie w
*Slides from Important Agricultural and Rural Lands The Road Ahead Land Use Research Foundation Of Hawaii:
http:11www.lurf.oi Executive Director Dean Uchida *Slide 29
*Slide 35: "IAL process will identify lands MOST suitable for Agriculture. The non -IAL Agricultural lands will then be assessed for
appropriate uses (Ag, Urban, Conservation, Rural)
The agricultural parts of the Hamakua Draft CDP seem to reflect a yearning to bring back the
days when Hamakua was virtually all agricultural. The policies in the CDP refer to a day before
sweeping changes occurred in Hamakua after the demise of the plantations. Since the demise
of the plantations, large parts of Hamakua have been transformed from agriculture to
predominately rural and residential uses. Now the citizens of Hamakua mostly make their
living outside of Hamakua and return daily to relatively small parcels in Hamakua to enjoy the
rural features of the area including small scale gardening and horticulture that serves
subsistence or perhaps booths at the local "farmers" markets. Despite the laws and zonings
that were in place during the transition from all ag to rural in many parts of Hamakua, the
County has been complicit in these changes by virtue of issuing permits and ignoring the
31
transformation (including dramatic changes in land values) that were occurring. In the
meantime, the new arrivals to Hamakua have enriched the County by paying to upgrade the
housing stock and by restoring the lands. These changes in Hamakua cannot be reversed
except by a draconian application of the law and hardship to many land owners who thought
they were helping by improving their small lands. The widespread application of Important
Agricultural Lands to small (2 to 10 acre) lands that are not prime for agriculture is a mis-
application of land regulation. Even agriculture on large (20 acres +) lands is doubtful. In the
25 years since the plantations closed there has not been a rush to farm large acreage in
Hamakua and especially in the homesteads because many parcels are most suitable for grazing
which means damage to the vegetation and soil; and an industry that depends on sending
cattle to the mainland to eke out a profit. It is time for Hamakua and the County to be
realistic. Hamakua is not going to go back to the 201h century. Instead of proposing polices for
the land that has already become rural rather than agricultural, it is time for the County to
support a realistic land use policy for Hamakua. First, that will mean bringing a rigorous,
scientific and honest approach to deciding which large (20+ acre) prime lands will actually
qualify for the state Important Agricultural Lands program: Lands that truly accomplish the
goal of supporting large scale commercial farming: Instead of shoe-horning small, marginal
lands into Important Agricultural Lands for no good reason. Second, the County must come to
grips with the lands that have changed from agriculture to rural uses and not act to punish the
owners. The rural designation must be applied to parcels that have become "de facto rural"
simply from the passage of time. With this type of honest approach the County can help to
give Hamakua a new perspective where their agriculture lands can be protected and the value
the rural owners bring by improving housing stock and renewing the small parcels they own is
rewarded.
32
6-4-16 The following is an update of the Bullet Points v4 due to the IAL comments by Planning
at the 5-25-16 meeting at Laupahoehoe school. At that meeting Planning said that County IAL
was different than State IAL; and that County IAL is equivalent to Agricultural zoning. That is
true in the sense that the County uses different criteria to identify IAL than the State. However,
many of the references to IAL in the CDP and 2005 General Plan refer to State criteria without
making a distinction between County and State which is confusing and non-binding in the sense
that State law may pre-empt counties from adopting State criteria before the State finishes
deciding which Hawaii County parcels should be IAL (in the next few years). On the other
hand, even though there are currently policies and criteria for IAL in the State Constitution and
the State statutes, no binding State parcel -specific statute has been adopted by the State to
govern land use that would apply to State IAL lands (i.e. there is no State land use law for IAL
lands yet so the County zoning becomes the default for land use). Some of this confusion is due
to the fact that IAL is a work in progress and what IAL land use is for a particular parcel at this
time will be different in the future. The CDP and County will re -name County IAL to
something like "Agricultural Lands" in the near future: but that, alone, will not clarify whether
State IAL criteria or guidelines in the CDP will be immediately enforceable. For now there are
County IAL parcels which are equivalent to zoning., The stages of IAL are rou2,hly as follows:
Time Line
County
State
Comments
1. NOW: CDP is in draft
in terms of land use
no land use statute
status
regulation, IAL
has been adopted;
means the Co.
the State has a law
zoning for each Ag
defining State IAL
parcel
and criteria to tell
Counties how to
identify IAL HRS
205-1 et seq.
2. CDP approved and
IAL should still
no significance to
adopted by the County
mean the zoning
the State
General Plan
for each Ag parcel;
however there will
be more IAL
parcels; & the
County may
attempt to adopt
State IAL that is in
the CDP into Co.
law
3. County decides which
County is required
The State reviews
Hawaii Co. has the option of
parcels to be included as IAL
to send the list (or
the submittal from
submitting maps to the LUC
in a list to be sent to the State
maps)
the County to
instead of a list; using maps could
Land Use Commission
decide which
mean 100% current County IAL
(LUC)
parcels will actually
although other counties have
become State IAL;
identified less than 50% of ag lands
bias may be in favor
so far
of whatever the
County submits
33
4. State will probably adopt
land use statutes for IAL
State adopts land
use statutes
see HRS 205-1 and
https://IeOscan.com/Hl/text/HB1361/id/919216
5. County will be required by
The State requires
The State IAL
State law to adopt State IAL
the County to
project will be
in zoning
enforce the State
implemented at this
IAL (zoning etc);
point
all the Hawaii Co.
parcels designated
IAL will be subject
to the new zoning
Thus IAL will be different according to what stage the IAL program is in. With the
understanding that IAL will mean different things at different times in the future, the following
changes to the Bullet Points v4 in red below are in order.
BULLET POINTS ABOUT CDP "IMPORTANT AGRICULTURAL LANDS"
BULLET POINTS v5
BACKGROUND:
•What Does the Hamakua Community Development Plan (CDP) Do? The 2016 draft CDP
states that the CDP "establishes land use and development" (i.e. regulation) for Hamakua
including Laupahoehoe. One goal of the CDP is to prepare a comprehensive plan that includes
the regulation. A Community Development Plan is referred to as a "Comprehensive Plan"
•One way that the CDP establishes land use and development regulation is to prepare land
use maps called "LUPAG maps" (and list of parcels) that show what "future development"
should be allowed on each property.
•The CDP will ask approval from the County for the land uses the CDP proposes: if approved
by the County Council, all future development must be "consistent" with the uses
proposed by the CDP including those shown in the LUPAG land use maps.
•One type of land use being currently proposed by the CDP for Laupahoehoe is "Important
Agricultural Lands" abbreviated as "IAL". As of June 2016 this means "County IAL" which
means zoning. This will change over time.
•What is IAL? County IAL refers to large agricultural parcels that have superior agricultural
potential. •Parcel size is one criterion. The CDP refers to County IAL as parcels that have or
are:
•potential for sustained high agricultural yields; larger lot agricultural lands; productive
agricultural uses; large productive agricultural [land]; and sustained high agricultural
yields. In Kihalani Homesteads the first parcel that might qualify as IAL is beyond the
end the top of Kihalani Homestead Road.
•Besides size, other criteria for IAL are:
MAI
•County IAL criteria include: class B soil or better (there is no class A soil on Hawaii
Island); USDA prime/unique parcels; USDA for two or more crops/irrigated
•State IAL criteria includes: land producing high agricultural yields; contributes to the
State's economic base and produces agricultural commodities for export or local
consumption
•Most of Laupahoehoe is zoned agricultural which restricts some land uses (building homes
is allowed which can be a residence if on a lot in existence before June 4, 1976 [no agriculture
required] or a farm dwelling if the lot was created after June 4, 1976 [requires agriculture])
•Zoning and County Comprehensive Plans like the CDP are related but not the same.
•The County comprehensive plan CDP is more general than zoning; and is about what can
done in the future. For instance, if permission is requested for development by a land owner
and it is not "consistent" with uses in the CDP's Comprehensive Plan, the Planning Department
would tend to decline the permission without a General Plan amendment. Comprehensive
plans directly guide subsequent decisions about zoning and what acceptable land uses will be
allowed by the General Plan.
•Zoning is about what is allowed today. Zones are more specific and have less flexibility.
•There are two types of IAL: County and State (The meaning of the abbreviation IAL means
something different depending on the stage of the IAL program. See above)
•Currently County IAL means that future development must be consistent with
e zoning if the information Planning gave at the meeting is used.
•In the future the County IAL may also become State IAL (see above about the meaning of
County IAL). Under State IAL the uses of "Important Agricultural Lands" (IAL) when fully
implemented might be much more restrictive. The County is required to comply with State law
and the State Constitution by submitting a list of all IAL property on Hawaii Island to the State
Land Use Commission. When that happens the State will have also be able to have the County
enforce State "Important Agricultural Lands" uses that may be more restrictive. It is not known
if the County list of IAL sent to the State will be the same or similar as the IAL parcels the
County and CDP have designated IAL currently.
•The uses of County IAL property are described as follows at section 4.3.3, Policy 24 of the
CDP: "the official Hamakua CDP Land Use Policy Map designates agricultural lands in the
Hamakua Planning Area to be preserved for agriculture and open space. Development and
construction in agriculturally designated areas shall be limited to agriculture, or via the
Special Permit or Use Permit process (which allows for agriculturally related economic
infrastructure, cottage industries, renewable energy, open area recreational uses, and
community facilities) unless otherwise permitted by law. " This is an instance of the General
Plan and CDP enforcing State IAL criteria. This may be legally suspect timing: but eventually
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the "State IAL" will incorporate this or a similar law when the State has decided which parcels
on the County lists to designate as State IAL.
•An example of the uses that might be allowed for State IAL when the program is operational
is found in https://Iegiscan.conVHI/text/HB1361/id/919216 which is limited to agricultural uses
•Already, most of Laupahoehoe above about 600 feet elevation is designated County IAL
according to the 2005 General Plan (A General Plan is the County's long-term blueprint for the
community's vision of future growth; or for restricted or no growth). The CDP LUPAG maps
and plans are a part of the General Plan as stated above.
•The 2016 CDP proposes to convert 12 more parcels in Laupahoehoe under 600 feet to County
IAL.
•Some concerns about being _ owning a State IAL parcel are:
•Future development will probably be limited to agriculture only (although current
development may be grandfathered);
•In the near future the County must give the State a list of all parcels that qualify as State
IAL pfepeAy on Hawaii Island which will then become State "Important Agricultural
Lands";
•If a parcel is included in the State IAL program additional use regulations may be
imposed by the State and Hawaii County IAL land will be subject to State land use
requirements (see above);
•Once in a County 1Ah designation parcel is in the State program a land owner will have
to go through lengthy and expensive process (up to $100,000) to get out of IAL (which
will probably not be allowed at the end of the process);
•being in State IAL may decrease land values; (even being on a County list of IAL may
have this effect)
•It is not clear under State IAL and criteria if a grandfathered use (for instance, a house)
is damaged or destroyed whether the owner will be granted a permit to rebuild the
structure.
•Properties in the homesteads (e.g., Manowai`opae Homestead Road, Hokumahoe Road,
and Kihalani Homestead Road), which were created 100 years ago to encourage the
settlement of remote parts of the island with housing, subsistence agriculture, and other
mixed uses may have a special concern about State IAL:
•County IAL under the General Plan and CDP is supposed to be for large parcels only
(for instance 20 acres or more which is the smallest complying size under Ag20 zoning)
•Neither County nor State IAL is nE4 a suitable designation for the homestead lands due
to cost of property which makes it very difficult to make a living off just agriculture
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•The 2005 General Plan says: "Agricultural land values have risen beyond their value for
agricultural purposes [our systems must] distinguish between important and other
agricultural land.... [based on the cost of land]"
•See heading "What is IAL?" on page 1: none of the homestead parcels in Laupahoehoe
qualify for IAL just based on size as defined by County IAL, there are no 20 acre or large
parcels in the homesteads
•But the CDP wants to apply IAL (in the CDP this seems to be about applying State IAL
regulations and criteria to parcels now designated County IAL as soon as the CDP is
approved) to the smaller homestead parcels that vary from 1 acre to 10 acres;
•The homestead uses are essentially Rural rather than IAL: the CDP says that the
homestead are de facto Rural (another LUPAG designation that is allowed under
County law); the County has permitted all these uses
•County Rural is defined as "includes existing subdivisions [homesteads] ... that have a
significant residential component... small farms ... as well as residences (agriculture is a
conforming use for both Agricultural and Rural land); the homesteads are easily included
under this definition
•But CDP does not want designate the homesteads Rural & instead proposes to designate
most of the homesteads as IAL based on the CDP preference for ag and open space
•As a result, homestead owners may experience more regulation and other hardships as
the County and State IAL programs are implemented.
• Conclusion:
• The CDP should not convert 12 more parcels to County IAL and should leave them in LDU
•State IAL laws, criteria, and policies should not be applied to parcels shown on the CDP
LUPAG maps until the State Land Use Commission finally decides what which of the Hawaii
County parcels should be State IAL
•The homesteads and other parcels that do no meet the stringent IAL criteria should be in a
more flexible designation and zoning like Rural
•The CDP should designate and change the zoning for the homesteads as Rural or other
appropriate designation that is consistent with the historic and current rural uses.
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