LIHU‘E — The Kaua‘i Planning Commission yesterday gave its approval to a county bill that would prohibit construction in any area the county designates as open space. The bill, which the commission voted on during a meeting at the Lihu‘e
LIHU‘E — The Kaua‘i Planning Commission yesterday gave its approval to a county bill that would prohibit construction in any area the county designates as open space.
The bill, which the commission voted on during a meeting at the Lihu‘e Civic Center here yesterday, would preserve open space and help developers at the same time, proponents said. The bill creates a new zone called the “Special Treatment – Open Zone” zoning district.
The bill emphasizes the importance of open space in helping to give a boost to the island’s economy, and to maintain the island’s quality of lifestyle, according to a county Planning Department report.
At the same time, the bill, if approved by the Kaua‘i County Council, would kick in where a developer of a residential subdivision “represents” plans not to develop the open space within the project, according to planning department long-range planner Keith Nitta.
A developer with plans for homes on rim lots overlooking a valley, for instance, could sell the lots at a higher price by promising not to build anything in the valley, Nitta said. That way, the purchasers would be assured of unobstructed views of the valley, Nitta said.
“This will guarantee nothing will obstruct the views for buyers,” he said.
The Planning Commission was asked to review the council bill, and will send it back to the council with its support as county law.
County Planning Director Ian Costa said “it is a good bill,” noting that the only way to protect open spaces from development now is through deed restrictions.
The bill was drafted by the council after some property owners butted heads with the owners of Princeville resort over the planned use of some 450 acres of golf-course land and open space at the North Shore resort.
Representatives for Princeville Corp. said the company had the right to sell or develop the land. Under current general open-zone laws, some buildings could be built on golf courses, parks, and in other open-space areas, including slopping hills.
Such areas are usually not developed because of cost, but the value of this type of land lies with its visual esthetics.
Property owners who had bought high-priced land by the golf course and open spaces in the first phase of the resort said they bought their lots because they were given assurances by salesmen that the adjoining lands would never be developed. Sales brochures said as much, they told county officials in the past.
Those landowners overwhelmingly supported a bill introduced by then-council Chair Ron Kouchi to preserve the bulk of the land for use as a golf course and open space.
If the new bill becomes law, the legislation could not be retroactively applied to the Princeville lands, as to do so would involve “the taking” away of the use of the property, county officials said.
Restricting the use of the land in that way would require the county to provide compensation to the resort operators, said Kaua‘i attorney Walton Hong, who represented the Princeville resort.
For the latest bill, county planners noted that maintaining the rural character of Kaua‘i as the “Garden Island” is a major goal of the county’s General Plan.
