Current County Zoning Shown on Central Study Area Base Map
(click here for full size image, 1.4 MB)
Possible Issues
Our community may decide that the plan should address the following issues:
Are county and state land use plans consistent in our planning area? Do they reflect the needs of the community?
How can potential conflicts among urban, rural and agricultural land uses be avoided?
What should the criteria be for approval of zoning change requests?
At what point in time will the South Kohala area need a high school? Is Waimea a likely location?
What do current plans say?
Research so far has focused on zoning in Waimea town. Here is what we have found.
Puus above Waimea
The TMK maps of the State-owned land at the base of the puus above Waimea indicate that the parcel appears to be subdivided into 1.5+ acre lots, many of which are zoned Ag-1a by the County (see map). The Waimea Community Association and the County exchanged letters about the situation in the early 1970's (see copies). According to the State Department of Land and Natural Resources (DLNR) office in Hilo, there is no record of such a subdivision. A search of county records has revealed that the County does not have a record of the subdivision either. So, there appears to be no reason for the subdivision to appear on the TMK maps.
Because the parcel is not located within the State-defined urban boundary, the Hokulia court decision makes it clear that State zoning laws control whether or not the parcel is developable. Section 205-4.5 of the Hawaii Revised Statutes Vol. 4 specify permissible uses within State agricultural districts. That section allows "construction of single-family dwellings on lots existing before June 4, 1976" and requires that all other homes be "farm dwellings."
The DLNR official to whom one of our volunteers spoke indicated that the State had no plans for the land at this time. He pointed out that even if the State were to consider selling the land, the public would be notified and asked to participate in the decision. The land is leased to Parker Ranch as pasture until 2011:
More research is needed. We intend to determine what options are available to protect it and to determine whether the community still wants it to be protected. Volunteers?
Hokulia Court Decision
The decision of the Court of the Third Circuit of the State of Hawaii in the case Kelly vs. 1250 Oceanside Partners related to the development of lands near Kailua-Kona in State Agricultural District has changed the dynamics of developing agricultural land in Hawaii. In our region, the decision could affect the existing Sandalwood and Mokuloa subdivisions and a number of proposed developments in the Waikoloa and Waimea areas. Click on the following links to gain an understanding the issue:
Decision of the Court of the Third Circuit of the State of Hawaii that addresses development of land in a State Agricultural District, as amended on October 22, 2003 (a decision that has been appealed to the State Supreme Court):
|
