HOKULI'A: PRO
1961 land-use law prohibitive
By John B. Ray
The 3rd Circuit Court ruling by Judge Ronald Ibarra on the potential violation of state land-use law in the Hokuli'a subdivision deserves our attention, especially in Hawai'i County where close to 50 percent of the island is zoned into a single indiscriminate agricultural class.
First, an overview of the state's land-use system:
Hawai'i continues to operate under a two-tier land- use regulatory system in which all of the land is subject to both state and county zoning. Most of the land in the state is designated agricultural (1,932,988 acres; 47 percent) or conservation (1,976,106 acres; 48 percent). On the island of Hawai'i, 47 percent or roughly 1.2 million acres fall within this general agricultural classification.
No other state in the United States zones all of its lands at the state level. Considered progressive when enacted in 1961, our state land-use law (Chapter 205, Hawai'i Revised Statutes) is now considered somewhat "old-fashioned" because of its emphasis on regulation rather than planning and policy formulation. This has created an exhaustive and extremely expensive process to obtain land-use entitlements at the state and county levels.
So rather than relying on sound planning and public policy formulation, we are driven by a duplicative, highly regulatory system that encourages developers to minimize going through the prohibitively expensive and time-consuming land-use system. One manifestation of this is the creation of large lot subdivisions on agriculturally zoned land.
As a matter of policy, the Hawai'i Leeward Planning Conference continues to support substantial reform to the land-use system that recognizes "home rule" and the unquestioned ability and authority of the counties to plan and zone land in their reflective jurisdictions.
Despite more than 20 years of discussion, there has been no state legislation to mandate a reclassification of lands to reflect their relative importance to current goals or standards, especially agriculture, and to transfer planning and zoning authority to the county.
Is there enough land set aside for agriculture? YES. A tremendous amount of land has been set aside for agriculture — more than adequate by any standard.
As noted, there are 1,933,000 acres in the state agricultural district. The Land Evaluation Site Analysis Commission estimated in 1986 that, at most, 689,000 acres would be needed to meet agriculture production goals in 1995. Today, there are only 148,000 acres in crops statewide.
The Department of Agriculture has estimated that all the fruits and vegetables consumed in the state could be produced on 12,000 to 15,000 acres.
What about the Hokuli'a subdivision? There are major land-use and basic entitlement and property rights issues potentially affected by Judge Ibarra's ruling.
From an agricultural land use standpoint, the Hokuli'a project is NOT on prime or important agricultural land under any accepted classification system. In modern times, the property supported marginal sugar production and seasonal grazing. The site's low rainfall would require expensive and currently unavailable agricultural water for crop production.
The Hokuli'a development will support substantially more ag-related activity than any other economically feasible scenario. General landscaping, orchard crops, and the golf course will provide agricultural employment and production otherwise unfeasible.
In the context of accepted and wide-scale land use on the island, ask yourselves the following: Do you live on ag-zoned land? Does your property have a level of agricultural activity to support the classification of your home as a "farm dwelling?" Do you live in an agriculturally zoned subdivision that has covenants restricting any ag activities? Do you live in an ag- zoned area such as the Kona Coffee Belt, which falls in an "important" and potentially more restrictive zone than the Hokuli'a project?
Well, I think you can see why Judge Ibarra's decisions pose such a dilemma for our island and a large percentage of our residents.
Now to the entitlement process, which makes this legal decision even more controversial. The project has been under development for more than 15 years. They have dealt with every legal requirement in an open and forthright manner.
Hokuli'a (then known as Oceanside 1250) received its original ag subdivision approvals in 1994 — nine years ago. The rezoning of the 15-acre parcel for the Member's Lodge in 1997 was tied to a County General Plan amendment reclassifying the land from ag to urban.
They signed a development agreement with the county in 1998 — clearly and contractually spelling out the joint obligations of both parties. They will spend close to $360 million on the project by the end of the year.
In the larger context, we should all question how this judgment will influence past and future land use and property rights on the island. Hopefully, this legal decision will eventually contribute to better public policy, but it shouldn't be at the expense of projects such as Hokuli'a, which has followed all the laws and contributed so much to the island.
The following is a brief description of the project, including key benefits:
• The development comprises 1,550 acres, with approximately 730 house sites, all 1-acre or larger.
• Construction and contract employees total more than 400, with 180 projected full-time positions.
• Development costs exceeded $360 million by the end of 2002.
• Design, acquisition for and construction of a five-mile bypass will provide a link with the proposed Ali'i Highway (Keauhou to Kahului Parkway) to create the first new transportation corridor in West Hawai'i in more than 30 years.
• Design and construction provide for a 140-acre shoreline park for public use and recreational activities — along a coastline that has limited or no access.
• The old government road owned by the state will be restored and maintained as a trail for public use.
• The state-approved and monitored archaeological site treatment plan oversees a process that will preserve many sites in their natural state while some will be restored and others will undergo a data recovery process.
• A state-of-the-art underground drainage collection system will be installed at the golf course, making it one of the most environmentally sensitive golf courses in Hawai'i.
• The county can expect annual net tax revenues of more than $8 million upon project completion.
This project brings so many positive benefits to the island. Their staff and employees are part of our community and generously contribute at every opportunity.
We need to move beyond the controversy and embrace quality developments such as Hokuli'a as an integral and welcome part of our future.
John B. Ray is president of the Hawai'i Leeward Planning Conference.
