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IAL & Rural District Reform

IAL & Rural District Reform. Context and Setting Urban Land Institute April 19, 2006. 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.

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IAL & Rural District Reform

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  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. Urban-196,991 ac. 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 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

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