COM 0042.068 2004-2006 - Laserfiche WebLink

Home

, WEIEI2EAS, several property owners have cited these heightened levels of effective density and initiated requests for rezonings of lands in the upper half of the Subdivision from the A-20a zoned district to an Agricultural - 10 acre (A-l0a) zoned district, which requests, if approved by the council, would indicate a zoning policy supportive often acre minimum lot sizes tluougltout the upper half of the Subdivision; and WHEREAS, the council believes that most lots improved with two dwellings have done so by creating "virtual subdivisions" often acre property interests under provisions of the state Condominium Property Regime (C.P.R.) law, which regime creates multiple saleable and mortgageable interests on a single lot without regard to the county zoned district such lot may be in; and WHEREAS, while the council is concerned that the limited right to build additional dwellings on agricultural lots may have been distorted into over use in this and other rural subdivisions through the application of the C.P.R. law, it finds that such misuse should not be cause to compromise the value and Force of county zoning powers, and instead may be reason for the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land use district; and WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, far above the elevation where the A-20a districts begin throughout the rest of this region, will effectively sa~tction the existing practice of condominium divisions ofagricultural lands within the County of Ifawaii, promote its use as pre-cursor of up-zoning pressures throughout the island's watersheds and signify that Lett acre lot densities may be acceptable within the watershed elevations without any commensurate lowering of densities in strrrounding azeas; and WHEREAS, the council desires to protect and maintain the low density use pattern long established for the ntauka, watershed lands of the island of Hawaii, and the Kona region in particular, for a variety of environmental and service management reasons. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF IfAWAII, that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,b00-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same or a cooperative ownership are coneturently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems.