Articles:
1. Boundary Adjustments Between Agricultural and Urban Districts
Appendix:
26-A State Land Use District Boundary Amendments
Article 1. Boundary Adjustments Between Agricultural and Urban Districts
Sections:
26-1.1 Purpose.
26-1.2 Applicability.
26-1.3 Petition to city council.
26-1.4 Action by the director of planning and permitting --Petition fees.
26-1.5 Consolidated proceedings.
26-1.6 Standards and criteria.
26-1.7 Planning commission action.
26-1.8 Council action.
26-1.9 Effective date--Notification.
Sec. 26-1.1 Purpose.
In accordance with the authority delegated to the counties by HRS Section 205-3.1,
and in the interest of reducing processing time and cost to an applicant,
facilitating the processing of petitions and reducing duplication of effort, this chapter provides
the method to process petitions to amend state land use district boundaries for
areas involving 15 acres or less. (Sec. 34-1.1, R.O. 1978 (1987 Supp. to
1983 Ed.))
Sec. 26-1.2 Applicability.
All petitions for changes in the boundary of a state land use district
involving an area of 15 acres or less in an agricultural or urban
district as the districts are defined by the state land use commission, shall
be processed in accordance with the provisions of this chapter. (Sec. 34-1.2, R.O.
1978 (1987 Supp. to 1983 Ed.))
Sec. 26-1.3 Petition to city council.
(a) Any department or agency of the state or county, or any person with
a property interest in the land sought to be reclassified, may petition the
county for a change in the classification of parcels of land of 15
acres or less which are in the agricultural or urban district. Each petition
shall be referred to the planning department for evaluation and processing.
(b) Petitions may be initiated by the city council by resolution of the council
and such petitions shall be referred to the planning department for evaluation and
processing in the same manner as all other petitions.
(Sec. 34-1.3, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58)
Sec. 26-1.4 Action by the director of planning and permitting --Petition fees.
(a) The director of planning and permitting shall deliver a copy of any petition
for a district boundary change permitted by this chapter to the state land
use commission and state department of business, economic development, and tourism. The director
of planning and permitting shall notify the commission and the department of the
time, date, and place of the public hearings referred to in Sections 26-1.5
and 26-1.7.
(b) The director of planning and permitting shall adopt rules in accordance with the
Hawaii Administrative Procedure Act, HRS Chapter 91, for processing the boundary changes permitted
by this chapter.
(c) Petitions submitted by nongovernmental parties shall be accompanied by a fee of $600.00,
plus $225.00 per acre involved or any major fraction thereof, up to a
maximum fee of $6,000.00. Fees shall be submitted by the applicant to the
director of planning and permitting upon acceptance of an application for a boundary
amendment by the director of planning and permitting and fees shall not be
refundable.
(Sec. 34-1.4, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 96-58, 03-12)
Sec. 26-1.5 Consolidated proceedings.
The city may conduct proceedings, including public hearings, to change state land use
boundaries pursuant to this chapter, with proceedings to amend the development plan of
the affected land. (Sec. 34-1.5, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 26-1.6 Standards and criteria.
All petitions for boundary amendments shall be reviewed from the perspective of (a)
contribution to the general welfare and prosperity of the people of the county,
(b) whether or not a public issue, need or problem presently exists to
serve as a basis for the proposed amendment, and (c) consistency with the
Hawaii state plan and the county general plan. (Sec. 34-1.6, R.O. 1978 (1987
Supp. to 1983 Ed.))
Sec. 26-1.7 Planning commission action.
The planning commission shall hold a public hearing on each boundary amendment proposal
made under this chapter. Thereafter, the planning commission shall make a recommendation on
each boundary amendment to the city council. (Sec. 34-1.7, R.O. 1978 (1987 Supp.
to 1983 Ed.))
Sec. 26-1.8 Council action.
The city council shall enact all boundary amendments made pursuant to this chapter
by ordinance after holding a public hearing. No boundary amendment petition which would
redesignate agricultural lands to urban use shall be approved unless the council indicates
its approval of such amendment by two-thirds vote of the entire council. (Sec.
34-1.8, R.O. 1978 (1987 Supp. to 1983 Ed.))
Sec. 26-1.9 Effective date--Notification.
A change in state land use district boundaries pursuant to this chapter shall
become effective on the day designated by the city council in the ordinance
enacting the boundary amendment. Within 60 days of the effective date of the
ordinance, the description and a map of the affected land shall be transmitted
to the state land use commission and department of business, economic development, and
tourism by the chief planning officer. (Sec. 34-1.9, R.O. 1978 (1987 Supp. to
1983 Ed.); Am. Ord. 96-58)
Appendix 26-A
STATE LAND USE DISTRICT BOUNDARY AMENDMENTS
Ord. Approval
No. Date
88-44 4-22-88 Reclassifies a portion of a parcel of land in Waianae from agricultural to
urban district. Rockwell Rogers
89-17 2-10-89 Reclassifies a portion of a parcel of land in Kahuku from agricultural to
urban district. Campbell Estate
90-58 7-3-90 Reclassifies parcels in Ewa from agricultural to urban district. DHCD
92-23 4-6-92 Reclassifies a portion of a parcel in Waipio from agricultural to urban district.
Gentry Development Company
92-45 5-15-92 Reclassifies portions of parcels in Waikakalaua Gulch from agricultural to urban district. Waihuna
Joint Venture
92-91 7-21-92 Reclassifies a portion of a parcel of land in Mililani Mauka from agricultural
to urban district. Castle & Cooke Residential, Inc.
94-10 3-15-94 Reclassifies a portion of a parcel of land in Waikakalaua from agricultural to
urban district. Castle & Cooke Properties Inc.
94-70 10-5-94 Reclassifies a parcel and a portion of a parcel of land (less than
15 acres) in Waialua from agricultural to urban district. Waialua United Church of
Christ
95-66 11-21-95 Reclassifies certain lands (less than 15 acres) in Laie from agricultural to urban
district. Hawaii Reserves, Inc.
96-26 5-15-96 Reclassifies certain lands (less than 15 acres) in Ewa from agricultural to urban
district. Campbell Estate
97-69 12-17-97 Reclassifies certain lands (less than 15 acres) in Laie from agricultural to urban
district. Brigham Young University (Hawaii Campus)
00-12 4-19-00 Reclassifies certain lands (less than 15 acres) in Ewa (Schofield Barracks Quadrangle) from
agricultural to urban district. St. Francis Medical Center-West Remnant Parcels Consolidation
00-57 11-02-00 Reclassifies a portion of land (less than 15 acres) in Waipio (Waipahu Quadrangle)
from agricultural to urban district. Trinity Church Leeward
02-22 6-14-02 Reclassifies a portion of land (less than 15 acres) in Honouliuli (Waipahu
Quadrangle) from agricultural to urban district. Child and Family Service
02-40 7-30-02 Reclassifies a portion of land (fifteen acres or less) in Kokokahi, Map No.
0-12
(Kaneohe Quadrangle), from urban to conservation district. Friendship Garden
Foundation
06-29 6-20-06 Reclassifies a portion of land (fifteen acres or less) in Kapolei, Map No.
0-6 (Ewa
Quadrangle), from agricultural to urban district. The Waters of Kapolei, L.L.C.,
DBA Hawaiian Waters Adventure Park