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

A Range of AG Activities Farms, Fields & Pasture Coffee, Mac Nut Plantations Large, Medium & Small Farming Operations Vacant/Fallow Land Land Unsuitable for Agriculture

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

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

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

Pre-Existing Activities Activities or Uses Which Existed Prior to 1961 Grandfathered & Non-Conforming Activities –Quarries –Commercial or Industrial Activities –Subdivided Lands

Subject of Much Controversy Community Concern & Protest Litigation –DR04-30 Kuleana Kuikahi –1250 Oceanside

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

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

What IAL Will Be! A Subset of the SLU AG District Conservation District 5,490 Parcels 1.973M Acres Agricultural District 102,164 Parcels 1.931M Acres Urban- 196,991 ac. Rural- 10k ac

Act 205 SLH 2005 Rural 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

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

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?

Harsh Realities Comprehensive 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

AG/Rural District Reform Comprehensive 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

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