Counties; Land Use Zoning

Allows counties to implement an ordinance-defined pattern of
limited cluster-open space development in Ag-Rural districts.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 205-5, Hawaii Revised Statutes, is
 2 amended by amending subsection (b) to read as follows:
 3      "(b)  Within agricultural districts, uses compatible to the
 4 activities described in section 205-2 as determined by the
 5 commission shall be permitted; provided that accessory
 6 agricultural uses and services described in sections 205-2 and
 7 205-4.5 may be further defined by each county by zoning
 8 ordinance.  Other uses may be allowed by special permits issued
 9 pursuant to this chapter.  The minimum lot size in agricultural
10 districts shall be determined by each county by zoning ordinance,
11 subdivision ordinance, or other lawful means; provided that the
12 minimum lot size for any agricultural use shall not be less than
13 one acre, except as provided [herein.] in this subsection and
14 section 205-5.1.  If the county finds that unreasonable economic
15 hardship to the owner or lessee of land cannot otherwise be
16 prevented or where land utilization is improved, the county may
17 allow lot sizes of less than the minimum lot size as specified by
18 law for lots created by a consolidation of existing lots within
19 an agricultural district and the resubdivision thereof; provided

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 1 that the consolidation and resubdivision do not result in an
 2 increase in the number of lots over the number existing prior to 
 3 consolidation; and provided further that in no event shall a lot,
 4 which is equal to or exceeds the minimum lot size of one acre be
 5 less than that minimum after the consolidation and resubdivision
 6 action.  The county may also allow lot sizes of less than the
 7 minimum lot size as specified by law for lots created or used for
 8 public, private, and quasi-public utility purposes, and for lots
 9 resulting from the subdivision of abandoned roadways and railroad
10 easements."
11      SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended
12 by adding a new section to be appropriately designated and to
13 read as follows:
14      "205-    Open space and cluster development.  (a)  Through
15 the enactment of zoning ordinances of general application, or
16 ordinances providing for regional open space and preservation
17 overlay zones, counties may authorize unit clustering and reduced
18 minimum lot sizes in state agricultural and rural districts;
19 provided that the minimum overall dwelling unit density of the
20 project, including the required open space, does not exceed the
21 parcel density that would be permitted by the underlying state
22 and county zoning.  Clustering of dwellings on land zoned and
23 used for agriculture shall be permitted to the extent that it

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 1 will permit more economical provision of services,
 2 infrastructure, and utilities for the dwellings, and enable more
 3 effective use of the adjacent undeveloped area for agricultural
 4 pursuits and open space while allowing landowners reasonable
 5 return on their holding.  Clustering in rural districts shall be
 6 permitted; provided that the county make a specific finding that
 7 such clustering will foster an environmentally compatible mix of
 8 the uses authorized in section 205.5(c).
 9      (b)  Criteria for approval and design standards applicable
10 to cluster projects at a minimum shall fulfill the following
11 objectives:
12      (1)  Encourage more flexible, creative, and environmentally
13           sensitive lot and unit configurations and
14           infrastructure than currently achievable with
15           conventional development procedures;
16      (2)  Require that subdivision or buildable lot
17           configurations, roadways and other infrasturcture be
18           designed to respect existing and natural land forms and
19           the cultural and environmental resources of the
20           surrounding land area, and, where applicable, the
21           ocean, so as to avoid suburban-type development sprawl;
22      (3)  Require clustered structures to be sited to the extent
23           practicable in a manner that will preserve contiguity

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 1           of agricultural and rural open space;
 2      (4)  Ensure development consistent with county general and
 3           regional development plans; and
 4      (5)  Ensure that the cluster development will not have any
 5           substantial adverse environmental or ecological effect,
 6           except where the adverse effect is minimized to the
 7           extent practicable and clearly outweighed by compelling
 8           public interest.  Adverse effects shall include the
 9           potential cumulative impact of individual developments,
10           each one of which taken in itself might not have a
11           substantial adverse effect.
12      (c)  In addition, any open space and cluster development
13 ordinance shall provide specific alternative means of preserving
14 the open space resources created in conjunction with the cluster
15 plan, including:
16      (1)  Site-specific open space district zoning;
17      (2)  Dedication to open space by contract with the county;
18      (3)  The execution of conservation or agricultural
19           preservation easements in perpetuity relating to the
20           development restricted portions of the property with
21           the county or a Hawaii-based private non-profit
22           corporate land trust qualified under section 501(c)(3)
23           of the federal Internal Revenue Code of 1986, as

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 1           amended, in accordance with chapter 198;
 2      (4)  The transfer of development rights to the undeveloped
 3           portions of the property to the county or as directed
 4           by the county; and
 5      (5)  Any combination of the foregoing as may be deemed
 6           practicable by the county agency administering cluster
 7           ordinance."
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 9 New statutory material is underscored.
10      SECTION 4.  This Act shall take effect upon its approval.
12                           INTRODUCED BY:_________________________