COM 0211.022 2004-2006 - Laserfiche WebLink

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Bill 23 Draft 2 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 3, DIVISION 1, SECTION 23-23 HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO SUBDIVISION OF LAND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI I: SECTION 1. The Hawaii State Constitution Article XI, Section 3 mandates the State to °conserve and protect agricultural lands." Article XI, Section 1 requires the State to "conserve and protect Hawaii's natural beauty and al] natural resources." Article XII, section 7 places an affirmative duty on the State to preserve and protect traditional and customary native Hawaiian rights. The County of Hawaii is a political subdivision of the State. The Land Use Law, HRS Chapter 205, serves to protect agricultural lands, natural resources and native Hawaiian rights. As noted by the state legislature in passing Act 5 in 2003 and Act 199 in 1976 classification and protection of agricultural lands has been subverted and undermined by the development of gentlemen estates, for which the primary purpose is not agricultural, but luxury residential. Urban type residential subdivisions are not authorized on agricultural land. Such subdivisions inflate the value of agricultural land, making farming uneconomical. They increase the demand to install costly infrastructure. They undermine the ability of the county and the state to protect natural beauty, natural resources, and native Hawaiian rights. Luxury residential development proposals on agricultural land avoid public scrutiny; reduce the affordability and productivity of agricultural land; frustrate the ability of the county to foster intelligent, effective and orderly land planning; reduce open space; lead to scattered premature development; increase county infrastructure costs; and jeopardize constitutionally protected native Hawaiian rights, natural beauty, and natural resources. The Council finds that gated communities are indicative of luxury residential development rather than bona fide agricultural uses and that such communities are more appropriately located on non-agricultural lands. The purpose of this ordinance is to discourage the development of luxury residential subdivisions and resort-like subdivisions on agricultural land. Such projects should be planned on land already appropriately zoned. Such projects proposed for agricultural lands should come before the council Eor rezoning rather than administrative subdivision. Council review enhances public participation as well as ensuring compliance with the county's affordable housing policy and public access chapter. This ordinance also ensures that subdivisions comply with all department of environmental man~igement requirements, a department that was formerly part of the departrent of public works. SECTION 2. Chapter 23, Article 3, Division 1, Section 23-23 is amended to read as follows: