INDEX - DEVELOPMENT
www.islandbreath.org ID# 0602-05

SUBJECT: HAWAII AGLAND THREATENED

SOURCE: SIERRA CLUB HAWAII res1xxma@verizon.net

POSTED: 7 April 2006 - 5:30am

A victory over sprawl in Hawaii

the farmland around the Great Lakes is threatened with encroaching subirban sprawl

‘Fake farm’ fix flops
Thanks to your calls, emails, and testimony, the legislature tabled a measure that would have open up farmlands statewide to inappropriate development. The bill, House Bill 1368 HD2, was heard in the Senate Committee on Water, Land, and Agriculture on Monday, but at least three of the members of the committee indicated they were not interested in moving the bill forward.

Please take time to thank the senators who stood firm for our famlands.

Gary Hooser (D)
Phone 808-586-6030
Room 207
Kaua‘i, Ni‘ihau
Fax 808-586-6031
E-mail senhooser@Capitol.hawaii.gov

Kalani English (D)
Phone 808-587-7225
Room 205
East Maui, Läna‘i, Molokai
Fax 808-587-7230
E-mail senenglish@Capitol.hawaii.gov

Carol Fukunaga (D)
Phone 808-586-6890
Room 216
O‘ahu (Lower Makiki-Punchbowl)
Fax 808-586-6899
E-mail senfukunaga@Capitol.hawaii.gov


The measure to approve gentlemen estates on farmland off the table this session.

This measure would have allowed housing to be built on subdivided agricultural lands regardless of its connection to any actual farming was deferred indefinitely today. The Sierra Club was worried that the character of vast amounts of Hawaii’s landscape would change if HB 1368 HD2 passed. The deferral of HB 1368 drew praise from environmental, community, and native Hawaiian groups who are shocked that lawmakers would consider such radical amendments to Hawaii’s venerable Land Use Law at a time when affordable housing and farmland protection appear to be priority issues for the legislature.

“Sanity in our land use planning prevailed today,” said Jeff Mikulina, Director of the Sierra Club, Hawai`i Chapter. “We are grateful that the legislature decided against further opening up our agricultural lands to luxury, gated communities instead of preserving them for local farmers and local people.”

The Sierra Club praised Senators J. Kalani English (D - Lanai, Molokai, Hana), Gary Hooser (D – Kauai), and Carol Fukunaga (D - Makiki, McCully, Ala Moana) for their support of protecting the land use controls that currently protect agricultural lands.

The measure that once aimed at enabling the controversial Hokulia development to sidestep a legal holdup evolved into the worst nightmare for environmental and community organizations concerned with protecting agricultural lands from rural luxury sprawl. Since a settlement was reached between the parties in the Hokulia case – allowing the development to proceed – many observers thought the legislative “fix” bill would be off the table. But overwhelming momentum produced by well-funded developers and landowners has kept the measure alive. Some were wrongly convinced that a “fix” to the land use law is necessary after the Hokulia case because those living on decades-old agricultural subdivisions will somehow be forced out for not farming – a possibility that legal experts say is nearly impossible.

“Land needed for housing should be re-zoned on a case-by-case basis, allowing for ample community input and smart planning for where growth should occur – and where it should not,” said Mikulina. “By simply allowing the counties to decide what types of dwellings are acceptable on farmlands, we undermine the land use law and replace smart planning with careless expediency.”

According to drafters of the law in 1961, the overarching purpose of the state land use law is to “protect and conserve” natural resources and foster “intelligent,” “effective,” and “orderly” land allocation and development.
At a public hearing on the Monday, the Senate Water, Land, and Agriculture Committee discussed amending HB 1368 HD2 to also allow future decisions regarding development on agricultural lands with soil classifications of “C,” “D,” “E,” and “U” to be subject solely to county decision making – a significant departure from the existing state land use entitlement policy. For a map of lands potentially affected, please see www.ruralhawaii.org.

The Sierra Club believes that without state oversight of what is allowed and disallowed on farmlands, county decision makers are placed in an untenable situation where they must decide between smart planning and increased county revenues. Some developers smartly game the system by promising concessions or outright gifts (“community benefits”) to the county in exchange for approval of their “agricultural” developments. Enabling county governments to define and permit agricultural dwellings and ag-zoned lands deepens this problem. The state plays a necessary role in reducing these conflicts and protecting the integrity of land use plans.

In the past two years of real estate sales on the neighbor islands, approximately 70% of purchases were made by mainland and foreign buyers. Hawai‘i residents are caught in the storm of international speculation when houses are allowed to be built on ag-zoned lands without a real agricultural enterprise conducted on the property. This increases land prices beyond the reach of local people, pressures local farmers to sell or leave their land to allow construction of mansions, encourages land speculation, and leaves less land for affordable housing.

“We live in a very global economy. Hawai`i is subject to natural economic forces which encourage conversion of agricultural lands to non-farm uses such as luxury developments and gentlemen estates,” said Mikulina. “Today, agricultural lots on Kauai can be bought and sold over the internet by individuals from Dubuque to Dubai.”

“Fortunately, we have tools to produce the preferred outcomes we desire for a healthy, sustainable Hawai`i, with affordable housing for local people and a vibrant agricultural industry,” he added. “We must keep those tools sharp – not dull them by simply succumbing to powerful market forces.”

House Bill 1368 was opposed by the Hawaii Farm Bureau, the Director of the Land Use Commission, Office of Hawaiian Affairs, Sierra Club, Life of the Land, The Outdoor Circle, Earthjustice, Hawaii’s Thousand Friends, Rocky Mountain Institute, KAHEA: The Hawaiian-Environmental Alliance, Native Hawaiian Legal Corporation, and numerous concerned individuals.

 


SUBJECT: HAWAII AGLAND THREATENED

SOURCE: JUDY DALTON dalton@aloha.net

Hokulia: A bad idea stumbles on - as legislation!

1 April 2006 - 9:30pm


The area of Big Island to be affected by HB1368 shown in yellow

The Hawaii Chapter of The Sierra Club urgently need your immediate help to stop a measure that would open up farmlands statewide to inappropriate development (click here to see a map of lands potentially affected).

The bill, House Bill 1368 HD2, is being heard in the Senate Committees on Water, Land, and Agriculture on Monday, April 3rd, at 1pm. This is our last Committee hearing to stop this bill! You can help by:

1) Submitting testimony.
It's never too late. Click Here

If that doesn't work, email testimony@capitol.hawaii.gov with "
Include "Oppose HB 1368" in the subject box.
Please BCC j.mikulina@hawaiiantel.net.

Or fax to 586-6659 (Oahu) or 1-800-586-6659 (neighbor islands). Alternatively, you can email your testimony to us as a Word doc or PDF attachment and we will fax it for you. Hearing notice here. Sample testimony and further information is below or at www.ruralhawaii.org. Highlights:

I oppose HB 1368 HD2. This bill may change Hawaii's landscape forever by allowing housing to be built on subdivided agricultural lands regardless of its connection to any actual farming.

With the Hokulia case settled, there is no rush to pass any legislation to amend our venerable land use law.

This measure undermines efforts to protect farmland for local farmers.
By approving the construction of "gentlemen estates" on ag lands, we further open up Hawaii's lands to the international storm of real estate speculation, driving the cost of housing even higher for local folks.

2) Contact the Committee Chair.
email: Chair Russell Kokubun at senkokubun@capitol.hawaii.gov
Include "Oppose HB 1368" in the subject box.
Please BCC j.mikulina@hawaiiantel.net

phone: 586-6760 (neighbor island toll free 974-4000 + 66760).

3) Testify in person.
Monday 1:00pm, room 212 of the Capitol.



SAMPLE TESTIMONY
Senate Committee on Water, Land, and Agriculture
Meeting time - April 3rd, 2006, 1:00pm
25 Copies are required


TESTIMONY IN OPPOSITION TO HB 1368 HD2


Chair Kokubun and members of the Committee:
I am strongly opposed to HB 1368 HD2. This measure allows housing to be built on subdivided agricultural lands regardless of its connection to any actual farming. We urge this committee to reject this attempt at undermining Hawaii’s land use law for developers and landowners who simply want to maximize their profits. Land needed for housing should be re-zoned on a case-by-case basis, allowing for ample community input and smart planning for where growth should occur – and where it should not. By simply allowing the counties to decide what types of dwellings are acceptable on farmlands, we undermine the land use law and replace smart planning with careless expediency. This measure goes against efforts to protect agriculture, provide affordable housing, and preserve the essence of rural Hawaii.

<Your personal comments>
Sincerely,
<Your name>


The area of Oahu to be affected by HB1368 shown in yellow

FURTHER INFORMATION:
Monday hearing for ‘fake farm’ development bill
Despite settlement of “Hokulia” case, developers continue push to open Hawaii’s farmland for gentlemen estates.

The character of vast amounts of Hawaii’s landscape may change should a measure pass its final legislative committee Monday. The bill, HB 1368 HD2, which would allow housing to be built on subdivided agricultural lands regardless of its connection to any actual farming, is up for a final public hearing Monday afternoon. The measure has drawn strong rebuke from environmental, community, and native Hawaiian groups who are shocked that lawmakers would consider such radical amendments to Hawaii’s venerable Land Use Law at a time when affordable housing and farmland protection appear to be priority issues for the legislature.

This bill marks a turning point for Hawaii’s landscape. Will our agricultural lands be opened for luxury, gated communities or preserved for local farmers and local people?

The measure that once aimed at enabling the controversial Hokulia development to sidestep a legal holdup has evolved into the worst nightmare for environmental and community organizations concerned with protecting agricultural lands from rural luxury sprawl. Since a settlement was reached between the parties in the Hokulia case – allowing the development to proceed – many observers thought the legislative “fix” bill would be off the table. But overwhelming momentum produced by well-funded developers and landowners has kept the measure alive. Some are wrongly convinced that a “fix” to the land use law is necessary after the Hokulia case because those living on decades-old agricultural subdivisions will somehow be forced out for not farming – a possibility that legal experts say is nearly impossible.


The area of Kauai to be affected by HB1368 shown in yellow


Land needed for housing should be re-zoned on a case-by-case basis, allowing for ample community input and smart planning for where growth should occur – and where it should not. By simply allowing the counties to decide what types of dwellings are acceptable on farmlands, we undermine the land use law and replace smart planning with careless expediency.

According to drafters of the law in 1961, the overarching purpose of the state land use law is to “protect and conserve” natural resources and foster “intelligent,” “effective,” and “orderly” land allocation and development.

The Chair of the Water, Land, and Agriculture Committee, who will preside over the public hearing Monday, has stated support for amending HB 1368 HD2 to also allow future decisions regarding development on agricultural lands with soil classifications of “C,” “D,” “E,” and “U” to be subject solely to county decision making – a significant departure from the existing state land use entitlement policy. For a map of lands potentially affected, please see www.ruralhawaii.org.

The Sierra Club believes that without state oversight of what is allowed and disallowed on farmlands, county decision makers are placed in an untenable situation where they must decide between smart planning and increased county revenues. Some developers smartly game the system by promising concessions or outright gifts (“community benefits”) to the county in exchange for approval of their “agricultural” developments. Enabling county governments to define and permit agricultural dwellings and ag-zoned lands deepens this problem. The state plays a necessary role in reducing these conflicts and protecting the integrity of land use plans.

In the past two years of real estate sales on the neighbor islands, approximately 70% of purchases were made by mainland and foreign buyers. Hawai‘i residents are caught in the storm of international speculation when houses are allowed to be built on ag-zoned lands without a real agricultural enterprise conducted on the property. This increases land prices beyond the reach of local people, pressures local farmers to sell or leave their land to allow construction of mansions, encourages land speculation, and leaves less land for affordable housing.


The area of Maui, Lanai and Molokai to be affected by HB1368 shown in yellow

We live in a very global economy. Hawai`i is subject to natural economic forces which encourage conversion of agricultural lands to non-farm uses such as luxury developments and gentlemen estates. Today, agricultural lots on Kauai can be bought and sold over the internet by individuals from Dubuque to Dubai.
Fortunately, we have tools to produce the preferred outcomes we desire for a healthy, sustainable Hawai`i, with affordable housing for local people and a vibrant agricultural industry. We must keep those tools sharp – not dull them by simply succumbing to powerful market forces.

House Bill 1368 was previously opposed by the Hawaii Farm Bureau, the Director of the Land Use Commission, Office of Hawaiian Affairs, Sierra Club, Life of the Land, The Outdoor Circle, Earthjustice, Hawaii’s Thousand Friends, Rocky Mountain Institute, KAHEA: The Hawaiian-Environmental Alliance, Native Hawaiian Legal Corporation, and numerous concerned individuals.


Golf course for Hokuli'a members and their guests only. Alien to Hawaii and as synthetic as astroturf

Editor's Note: The Christopher Webster, Sotheby's International Real Estate says of Hokulia "It's a world-class golf community located in a magical micro-climate where the weather is superb 24 hours a day, 365 days a year. "
By "micro-climate" they mean that the soil and water had to be brought in and the grass is sustained on a day-to-day with efforts equivalent of growing lettuce in a Las Vegas parking lot.

This land is designated agricultural even though it is the site of a recent lava. The land has important Hawiian archeologic sites and is crossed by an ancestral path that has been partially obliterated in an illegal effort to create a California style upscale gated suburbs.


SUBJECT: HOKULIA PROJECT

SOURCE: JUAN WILSON juanwilson@mac.com

POSTED: 15 February 2006 - 5:00pm

Why reward these criminals?

rendering of detail at Hokulia development by JZMK Partners - architects and planners - Irvine CA

We need your immediate help in stopping a disasterous last-minute measure that would give the green light to the infamous Hokulia development -- and allow unfettered development on certain farmlands statewide. The bill, House Bill 1368 HD1, is being heard in the House Committee on Economic Development & Business Concerns tomorrow, Feb 16th, at 9:00am. You can help stop this special interest measure by:

1) Submitting testimony

It's not too late.email testimony@capitol.hawaii.gov with Oppose HB 1368 in the subject).

Or fax to 586-6501 (Oahu) or 1-800-535-3859 (neighbor islands). Hearing notice here. Sample testimony and further information is below. Highlights:

• I oppose HB 1368 HD1. The Hokulia developer acted irresponsibly and broke Hawaii's laws. Why do we want to undermine our land use law for an out-of-state developer who wishes to build, as their sales brochure states, "the most private Oceanside golf community in the world” aimed at individuals with a net worth of $5 million+?

• The Hokulia developer chose to ignore our environmental and land use laws and roll the dice. They lost before the Third Circuit Court. Bailing them out would send the wrong signal to other developers.

• The Hokulia development caused massive runoff of sediment, dirt soil, and debris into coastal waters; desecrated burials; and destroyed a state historic trail.
If the pressure to develop Hokulia is so strong, they should simply follow the existing public land use process like everyone else.

2) Contact the Committee leaders
Chair Jon Riki Karamatsu
emai:l repkaramatsu@Capitol.hawaii.gov,
phone: 586-8490.

Vice Chair Glenn Wakai
email: repwakai@Capitol.hawaii.gov
phone: 586-6220.

Ask them to hold HB 1368 HD1.

3) Testify in person
Tomorrow 9:00am, room 325 of the Capitol.

SAMPLE TESTIMONY
House Committee on Economic Development and Business Concerns
February 16th, 2006, 9:00 A.M.
40 Copies

TESTIMONY IN STRONG OPPOSITION TO HB 1368 HD1

Chair Karamatsu and members of the Committee:
I am strongly opposed to HB 1368 HD1. This measure seeks to reverse the Third Circuit Court ruling in the case of Hokulia, a luxury resort residential subdivision in South Kona. We urge these committees to reject this attempt at undermining Hawaii’s land use law for a single special interest that acted irresponsibly. This measure goes against efforts to protect agriculture, provide affordable housing, and preserve the essence of rural Hawaii.
<Your personal comments here>
Sincerely,
<Your name here>

OTHER INFORMATION REGARDING THE HOKULIA (OCEANSIDE) DEVELOPMENT AND HB 1368 HD 1

•1. It is wrong for the legislative branch of government to resolve a case that is pending before the courts. Legislative interferance with the workings of the judicial branch is inappropriate given the constitutional separation of powers.

2. HB 1368 HD1 would destroy the Kona coffee-belt. These productive lands are not 'A' & 'B' agricultural lands. Nevertheless, this bill would allow all those lands to be developed without any agricultural component. Wealthy mainland speculators with no interest in agriculture would be free to transform these lands as exclusive gated-communities.

3. Such legislation undermines the rule of law. It tells developers: go ahead, you can ignore the advice of your attorneys and government agencies. If you are found to have violated the law, we will change the law for you.

4. Why should the Legislature bail out a wealthy mainland developer? Look at this developer’s record:

• "The Court finds and concludes that the ground altering activities on the subject property contributed to the water runoff from the Hokuli`a property into coastal waters.” “Runoffs from the Hokuli`a project into the adjacent pristine coastal waters polluted the waters.” August 8, 2003 Order.

• “After the discovery of Site 21818 and Site 2183, Oceanside failed to obtain authority from the DLNR/SHSPD prior to removing burial remains from these sites.” March 17, 2003 Order.

• “Oceanside 1250 Partner’s former President gave [DLNR Burial sites specialist] Wahilani a $1,000 check from Oceanside for Wahilani’s church at which he is a pastor.” March 17, 2003 Order.

• “Oceanside circumvented Haw. Rev. Stat. 6E relying on an inaccurate initial AIS and not submitting updates from ‘sweeps’ for the HIBC to consider.” March 17, 2003 Order.

• “Oceanside did not diligently initiate a good faith search for lineal and cultural descendants which is a required component for any burial treatment plan.” March 17, 2003.

• “Oceanside removed burial remains over 50 years old . . . without DLNR’s approval or determination to relocate in violation of Haw. Rev. State Sec. 6E-43(a).” March 17, 2003.

• “Oceanside disregarded advice from several of its own counsel to be more careful.” Oct. 22,2003.

• “Given the advice Oceanside received from its counsel and the comments of the County of Hawai`i Planning Director, the Executive Director of the State LUC, the director of the State OSP; and the director of the State DOA, it was unreasonable for Oceanside to proceed with the development of Hokulia without seeking LUC approval or a declaratory ruling. Oceanside’s insistence on proceeding with only County approval for its rezoning of the agricultural lot area to Ag-1a in its residential subdivision, without regard for the additional requirement of HRS § 205-4.5 is a disregard for known risk that does not constitute ‘acting in good faith.’” Oct. 22, 2003 Order.

• “Oceanside acted unreasonably...” Oct. 22, 2003 Order.

• “Oceanside ‘took a chance’ when it disregarded its own counsel’s July 30, 1989 advice . . .” Oct. 22, 2003 Order.



see also:
Island Breath: Hokulia 2: Appealed

Island Breath: Hokulia 1: Stopped

www.islandbreath.org

Pau