HOUSE OF REPRESENTATIVES

H.C.R. NO.

132

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE LAND USE COMMISSION TO establish a task force to consider the adoption of guidelines on permitted uses for special permits.

 

 

WHEREAS, section 205-6, Hawaii Revised Statutes (HRS), allows the county planning commissions to issue special permits for "certain unusual and reasonable uses in the agricultural and rural districts other than those for which the district is classified"; and

WHEREAS, section 205-6, HRS, does not set forth any definition, guidelines, or expressed acceptable uses that are "unusual and reasonable"; and

WHEREAS, section 15-15-95, Hawaii Administrative Rules (Land Use Commission), provides guidelines for determining unusual and reasonable uses as those that:

(1) Are not contrary to chapters 205 and 205A, HRS, and the Land Use Commission rules;

(2) Will not adversely affect surrounding lands;

(3) Will not unreasonably burden public agencies to provide infrastructure;

(4) Are on lands not suitable for uses permitted in the district; and

(5) Result from changes in conditions, needs, and trends since the district was established; and

WHEREAS, these guideline in their generality are in stark contrast to the specifically elicited permitted uses in the agricultural district set forth in section 205-4.5, HRS; and

WHEREAS, the approval of the Land Use Commission is only required in cases where the land area is greater than 15 acres; and

WHEREAS, the lack of any clear guidelines or specifically stated permitted or unpermitted uses may have a negative impact on agricultural and rural districts; and

WHEREAS, these imprecise guidelines allow the county planning commissions great latitude in issuing special permits for various uses in the agriculture and rural districts not otherwise allowed in those districts; and

WHEREAS, the exercise of this discretion by county planning commissions may lead to the uneven application of the special permit process in the various counties; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that a special land use task force is requested to convene to consider more precise guidelines for permitted uses under special permits; and

BE IT FURTHER RESOLVED that individuals and representatives are requested to serve on the task force:

(1) A representative of the State Office of Planning;

(2) The Chairperson of the Board of Agriculture or the Chairperson's designee;

(3) The Mayor of each county or the Mayor's designee;

(4) A representative of the University of Hawaii's Office of Urban and Regional Planning;

(5) One person representing the College of Tropical Agriculture and Human Resources, University of Hawaii at Manoa

(6) Two persons representing the agricultural community;

(7) Two persons representing the environmental community;

(8) Two persons representing native Hawaiian cultural concerns; and

(9) Two persons representing landowners.

BE IT FURTHER RESOLVED that the President of the Senate and Speaker of the House of Representatives are requested to each appoint one of the persons in each of paragraphs (6) through (9) and the task force members are requested to appoint a chairperson from amongst themselves; and

BE IT FURTHER RESOLVED that the task force is requested to include but not be limited to the following in its considerations:

(1) The possible repeal or amendment of section 205-6, HRS;

(2) The establishment of policies and guidelines for the issuance of special permits in the agricultural and rural districts;

(3) The advisability of the establishment of a list of uses that would be specifically permitted or a list of uses that will be specifically prohibited pursuant to section 205-6, HRS; and

(4) Whether certain types of uses permitted under section 205-6, HRS, should be restricted based on the specific parcel's classification under the Land Study Bureau's land classifications or other land classification system; and

BE IT FURTHER RESOLVED that the Land Use Commission is requested to provide the task force with any maps, records, and information, staffing, and spatial support required by the task force; and

BE IT FURTHER RESOLVED that the Land Use Commission and the Department of Business, Economic Development, and Tourism are requested to provide administrative, clerical, and staff support to the task force; and

BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendation, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate; Speaker of the House of Representatives; Chair of the Land Use Commission; Chairperson of the Board of Agriculture; Director of Business, Economic Development, and Tourism; Mayor of each county; Chairperson of the Board of Regents of the University of Hawaii; Office of Urban and Regional Planning; and Executive Officer of the Land Use Commission.

Report Title:

Land Use; Special Permits; Task Force.