IAL

1
IAL Rural District Reform

• Context and Setting
• Urban Land Institute
• April 19, 2006

2
The AG District Today

• A Range of AG Activities
• Human Settlement
• Special Permit Activities
• Permissible Activities
• Pre-Existing Activities
• Less Than the Idyllic Setting We Envision

3
A Range of AG Activities

• Farms, Fields Pasture
• Coffee, Mac Nut Plantations
• Large, Medium Small Farming Operations
• Vacant/Fallow Land
• Land Unsuitable for Agriculture

4
Human Settlement

• Individual House/Farm Dwellings and Lot
• Agricultural Subdivisions
• Roads
• Housing for Agricultural Workers
• Barns Other Ancillary Structures

5
Special Permit Activities

• Special Permit As Administered By the State
  County - HRS 205-6
• Kamehameha Schools Big Island Campus
• Waimanalo Gulch Sanitary Landfill
• Many Other Types of Activities

6
Permissible Activities

• Golf Courses Driving Ranges Approved by the
  County Before July 1, 2005
• Roadside Stands
• Certain Public Utility or Infrastructure
• As Described in HRS 205-4.5

7
Pre-Existing Activities

• Activities or Uses Which Existed Prior to 1961
• Grandfathered Non-Conforming Activities
• Quarries
• Commercial or Industrial Activities
• Subdivided Lands

8
Subject of Much Controversy

• Community Concern Protest
• Litigation
• DR04-30 Kuleana Kuikahi
• 1250 Oceanside

9
IAL Implementation - Act 183

• Elements of the Legislation
• Policies, Definitions, Objectives, IAL Standards
  and Criteria
• IAL Petition Procedures, Incentives Program,
  County Identification Process, LUC Designation
  Process
• Standards Criteria for Reclassification or
  Rezoning
• County Ordinances Reducing Infrastructure
  Standards for IAL
• Periodic Review Amendment of IAL Maps
• ID of IAL Effective 3 Years After Incentives Are
  Established

10
Desired Outcomes

• Fulfill Constitutional Mandate (Art. 11 Sec. 3)
• Conserve Protect AG Lands
• Promote Diversified AG
• Increase AG Self-Sufficiency
• Standards Criteria to Accomplish Foregoing
• Promote Enhanced AG Investment Business Climate
  for New AG Industry
• Promote Appropriate Patterns of Human Settlement
  Outside of the AG District
• Regulation/Framework for Non-IAL Lands

11
What IAL Will Be!A Subset of the SLU AG District
Agricultural District 102,164 Parcels 1.931M Acres
Conservation District 5,490 Parcels 1.973M Acres
Important Agricultural Lands

• Urban-196,991 ac.

Rural-10k ac
12
Act 205 SLH 2005Rural District Boundary Study

• Rural Districts Shall Also Include Golf Courses,
  Golf Driving Ranges, Golf-Related Facilities
• The Same Is Prohibited in the AG District
• County Planning Departments LUC Exec Officer
  to
• Review Boundaries
• Develop Policies Boundary Amendment
  Recommendations
• Counties to Submit Proposed Legislation in 2006

13
Desired Outcomes

• Appropriate Rural District Standards Distinct
  From AG Urban
• IWS vs Sewer
• Gravel Road vs. Curb Gutter
• Non-City Like Levels of Service
• More Than Large Lot Subdivisions Allowed But
  Rural Communities Developed
• Sustainable Market AG Supported
• There Is Still Places For Agriculture Open Space

14
Context Setting

• Sugar Pine Plantations Have All But Vanished
• Many Acres of AG Land Lie Fallow
• New Export Markets Must Be Established
• Real Estate Is The Principal Crop Now
• Lucrative Second Home Market
• Booming Market Median Prices
• New Challenge Perspective of Large Landowners
• Cash In on the Real Estate Market/Land Bank?
• Build Communities or 2nd Homes?
• Support Farmers AG?

15
Harsh RealitiesComprehensive Answers Are Needed

• What Is the Difference Between
• A Farm Dwelling A Single Family Dwelling?
• An Agricultural Subdivision A Large Lot
  Subdivision
• Permissible Uses w/in the AG Urban District
• The Answer
• Not A Whole Lot
• We Should Fix It Such That There Is No Question

16
AG/Rural District ReformComprehensive Reform
Needed

• Update SLU District Standards
• Distinct Rural District Realized
• AG District Distinction
• Acknowledge Existing Conditions Realities
• Fix Transition Anomalies in the AG District
• Existing Ag Subdivisions/Subdivided Lands
• Non-conforming Uses
• Establish Clarity Efficiency Between State
  County Government Regulations

17
Necessary Discussion

• Implement IAL
• Statutory Detail
• Minimum Lot Sizes (Larger IAL, No Rural Minimum)
• District Standards Permissible Uses
• SLU Boundary Review Reclassification Subject To
  County GP Updates
• County Authority/Practices Updated
• Zoning Best Practices
• Distinctive AG/Rural/Urban Subdivision Standards
• Property Tax Structure Which Fosters AG/Rural
  Community New Development