Creating Affordable & Creating Affordable & Live-Able CommunitiesLive-Able Communities

State Land Use CommissionState Land Use Commission

Anthony ChingAnthony Ching

State Land Use Law andState Land Use Law andClassification SystemClassification System

Originally Adopted by the State Originally Adopted by the State Legislature in 1961Legislature in 1961

Unique (to HI and the nation) Unique (to HI and the nation) Framework of Land Use ManagementFramework of Land Use Management

All Lands in Hawaii are Classified in All Lands in Hawaii are Classified in One of Four DistrictsOne of Four Districts ConservationConservation AgriculturalAgricultural RuralRural UrbanUrban

Purposes for Land Use LawPurposes for Land Use Law

Encouraging Those Uses to Which Encouraging Those Uses to Which Lands are Best SuitedLands are Best Suited

Promote Appropriate Patterns of Promote Appropriate Patterns of Human SettlementHuman Settlement

Discourage Speculative Discourage Speculative Development of Finite & Valuable Development of Finite & Valuable LandsLands

Preserve & Protect State’s Preserve & Protect State’s Valuable Land ResourcesValuable Land Resources

The Conservation DistrictThe Conservation DistrictA Vital Part of Our Community LandscapeA Vital Part of Our Community Landscape

Typically, Forest Reserve & Watershed ZonesTypically, Forest Reserve & Watershed Zones All Submerged LandsAll Submerged Lands Lands Subject to Flooding & Soil ErosionLands Subject to Flooding & Soil Erosion Regulated Exclusively by (BLNR)Regulated Exclusively by (BLNR) Includes Public & Privately Held LandsIncludes Public & Privately Held Lands

The Agricultural DistrictThe Agricultural District

Characterized by Characterized by Cultivation of Crops, Cultivation of Crops, Orchards, Forage, Orchards, Forage, Forestry, Farming, Forestry, Farming, Husbandry, Husbandry, Aquaculture, Game & Aquaculture, Game & Fish Propagation, Wind Fish Propagation, Wind Energy, etc.Energy, etc.

Farm Dwelling Farm Dwelling RequirementRequirement

May Currently Include May Currently Include Lands Not Suitable for Lands Not Suitable for Agriculture and Agriculture and Residential Residential SubdivisionsSubdivisions

The Rural DistrictThe Rural DistrictHuman Scaled DevelopmentHuman Scaled Development

Typically, Low Density Residential DevelopmentTypically, Low Density Residential Development One (1) Single Family Dwelling Per Half AcreOne (1) Single Family Dwelling Per Half Acre Urban Level of Services are AbsentUrban Level of Services are Absent

The Urban DistrictThe Urban District

Characterized by “city like” Characterized by “city like” Concentrations of People, Concentrations of People, Structures, Services as well as Structures, Services as well as Vacant Land for Future Vacant Land for Future DevelopmentDevelopment

Allows for Highest and Best UseAllows for Highest and Best Use

The Second City of KapoleiThe Second City of KapoleiRegional Scaled DevelopmentRegional Scaled Development

State Land Use District AcreagesState Land Use District AcreagesAs of December 2005As of December 2005

Conservation1,973,636

48%

Urban197,085

5%

Agricultural1,930,797

47%

Rural10,870

0%

Conservation Urban Agricultural Rural

Current Reform ObjectivesCurrent Reform Objectives

Prevent Rural SprawlPrevent Rural Sprawl Create Compact Communities & Open Create Compact Communities & Open

Space vs. Wall-to-Wall SubdivisionsSpace vs. Wall-to-Wall Subdivisions Create Context/Sense of Place for Rural Create Context/Sense of Place for Rural

Communities to DevelopCommunities to Develop Context = Necessary Statutory Guidance & Context = Necessary Statutory Guidance &

Standards of PracticeStandards of Practice Distinguish Rural Settlement From AG Distinguish Rural Settlement From AG

District UseDistrict Use Allows Mixed Uses vs Exclusive Farm UseAllows Mixed Uses vs Exclusive Farm Use

Plan for Preservation/Growth of Plan for Preservation/Growth of Affordable & Healthy Rural Affordable & Healthy Rural CommunitiesCommunities

Prevent Rural SprawlPrevent Rural SprawlAffordable & Healthy CommunitiesAffordable & Healthy Communities

Compact/Clustered CommunitiesCompact/Clustered Communities Concentrate infrastructureConcentrate infrastructure Maintain Public Open Space vs Lot SizeMaintain Public Open Space vs Lot Size

Mixed Use - Not Just Large Lot Mixed Use - Not Just Large Lot Subdivision & Bedroom CommunitySubdivision & Bedroom Community Neighborhood commercial and public Neighborhood commercial and public

facilitiesfacilities Regional Connectivity Planned & Regional Connectivity Planned &

RequiredRequired Autos, Bike/non-motorized & Autos, Bike/non-motorized &

PedestrianPedestrian

Live, Work & Play in Live, Work & Play in Affordable Rural CommunitiesAffordable Rural Communities

ML&P’s Pulelehua ProjectML&P’s Pulelehua ProjectA Live, Work & Play CommunityA Live, Work & Play Community

The New Urbanism CommunityThe New Urbanism Community

Neighborhoods, not subdivisions are Neighborhoods, not subdivisions are createdcreated

Central Neighborhood featuresCentral Neighborhood features Retail, Convenience & Public UsesRetail, Convenience & Public Uses Elementary School & Wellness CenterElementary School & Wellness Center Pedestrian & Bike Friendly StreetsPedestrian & Bike Friendly Streets Open Space and ParksOpen Space and Parks

Variety of Housing TypesVariety of Housing Types Store Front & Loft UnitsStore Front & Loft Units Cottages, Terrace, & Apartment UnitsCottages, Terrace, & Apartment Units Moderate & Larger SFD Found at the Outer Moderate & Larger SFD Found at the Outer

EdgeEdge

Develop Rural Context/Sense of Develop Rural Context/Sense of PlacePlace

Re-establish/Maintain Connection to Re-establish/Maintain Connection to Historical Context for CommunityHistorical Context for Community Agricultural or Resource DevelopmentAgricultural or Resource Development

Design & Develop Appropriate Rural Design & Develop Appropriate Rural Non-Residential ElementsNon-Residential Elements

Incorporate Appropriate County Level Incorporate Appropriate County Level Regulations for Residential ElementsRegulations for Residential Elements

Community Understanding That Rural Community Understanding That Rural Settlement ≠ Just AgricultureSettlement ≠ Just Agriculture It’s About Community Which Does Not It’s About Community Which Does Not

Preclude AgriculturePreclude Agriculture

Affordable & Healthy CommunitiesAffordable & Healthy Communities

Not Just A Suburb or Farms, but a Rural Not Just A Suburb or Farms, but a Rural CommunityCommunity Includes Business, Recreation & SchoolsIncludes Business, Recreation & Schools

The Pace of Life is SlowerThe Pace of Life is Slower Not-so-wide Streets to Slow the Cars DownNot-so-wide Streets to Slow the Cars Down Bikes & Pedestrians EncouragedBikes & Pedestrians Encouraged

Open Space Is CreatedOpen Space Is Created Performance Zoning = Smaller, Affordable Performance Zoning = Smaller, Affordable

Lots, Live/Work Units, Compact InfrastructureLots, Live/Work Units, Compact Infrastructure Minimal Front Setback, Back Door to Open Minimal Front Setback, Back Door to Open

SpaceSpace Community Agriculture/Farming Allowed Community Agriculture/Farming Allowed

Role of the State Land Use LawRole of the State Land Use Law

Establish Overall DirectionEstablish Overall Direction Promote Context for County Promote Context for County

ImplementationImplementation Require Performance by Counties, Require Performance by Counties,

But Does Not Prescribe Exact But Does Not Prescribe Exact Methods & SpecificationsMethods & Specifications

Potential Tools & SpecificationsPotential Tools & Specifications

No Minimum Lot SizeNo Minimum Lot Size Allow County Zoning To Determine Allow County Zoning To Determine

Appropriate Mix & Density of Rural Appropriate Mix & Density of Rural CommunitiesCommunities

Performance Zoning For Open SpacePerformance Zoning For Open Space Specify of New Infrastructure & Specify of New Infrastructure &

Subdivision RulesSubdivision Rules Fosters Distinction Between Urban & RuralFosters Distinction Between Urban & Rural

Focus on Non-Residential ElementsFocus on Non-Residential Elements Requires Enactment By Counties of Specific Requires Enactment By Counties of Specific

OrdinancesOrdinances

Design & Development of Non-Design & Development of Non-Residential Community Residential Community ElementsElements Mixed Uses Which Encourage Mixed Uses Which Encourage

Pedestrian ActivitiesPedestrian Activities ROW TreatmentROW Treatment

Limit Width, LOS C, Native Landscaping & Limit Width, LOS C, Native Landscaping & Highlight Places of InterestHighlight Places of Interest

Building PlacementBuilding Placement Compact Village ClusterCompact Village Cluster Market as a DestinationMarket as a Destination Minimal Front Setback, Opens to Big Back Minimal Front Setback, Opens to Big Back

Yard or Open SpaceYard or Open Space

Design & Development of Non-Design & Development of Non-Residential Community Residential Community ElementsElements Landscape SettingsLandscape Settings

Major Parking to Side & Rear of BuildingMajor Parking to Side & Rear of Building Cluster Landscape Plantings for Effect vs Cluster Landscape Plantings for Effect vs

Uniform DistributionUniform Distribution Integrate Natural & Man-Made ElementsIntegrate Natural & Man-Made Elements

Architectual VocabularyArchitectual Vocabulary FAR of 1FAR of 1 Roof Forms Have Slope Characteristics Roof Forms Have Slope Characteristics

Consistent w/Existing Slopes of BuildingsConsistent w/Existing Slopes of Buildings Lighting Design Minimizes SpillLighting Design Minimizes Spill

Signage ThemesSignage Themes Collective Visual ThemeCollective Visual Theme Promote Function & ThemePromote Function & Theme