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REPORT OF THE <br /> COMMITTEE ON PLANNING <br /> DATF,~ June 14, 2005 Ile: Comm. No. 21 I/Bill No. 80 <br /> PLACE: Council Chambers <br /> TIME: 1:10 p.m. <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Planning, to which was referred Bill No. 80, reports as follows: <br /> Bill No. 80, transmitted by Council Member Bob .Iacobson, via Communication No. 21 1, dated <br /> April 5, 2005, amends chapter 23, article 3, division 1, section 23-23, Hawaii County Code <br /> 1983 (1995 Edition), relating to subdivision of land. <br /> Bill No. 80 proposes to add the County of Hawaii Department of Environmental Management to <br /> <br /> list of departments with requirements and standards for subdivisions; and applies restrictions to <br /> subdivisions on land classitied as agricultural by the State [.and Use Commission, or zoned <br /> Family Agricultural, Agricultural or Intensive Agricultural by the County, which includes the <br /> following: <br /> 1. Convenants that restrict any agricultural practices except those that protect <br /> environmental or cultural resources; <br /> 2. Resort-like features; <br /> 3. An inadequate supply of water to support agricultural operations; <br /> Q. A golf course with lots of residential use; <br /> 5. Gated or limited entry to more than four lots where access to the general public is <br /> restricted through the use of security guards, automatic gates and similar features <br /> of gated communities: or <br /> 6. Any dwelling greater than 3.500 square feet. <br /> This matter was first heard on April 19, 2005. Due to concerns that in some manner passage of <br /> this measure may in one way or another affect the County's position in any pending lawsuit or in <br /> any future decisions made by the Supreme Court, reference the Hokulia situation, this measure <br /> was postponed to allow yow~ Committee to acquire the latest information and a better <br /> background on how to proceed with this measure. <br /> Then heard on May 17, 2005, this measure was postponed pending the outcome of House Bill <br /> 109 with regard to appropriate language within this measure. <br /> During its discussion, your Committee had concerns over limiting the size of farm dwellings to <br /> 3,500 square feet and banning the use of gates on new agricultural developments larger than four <br /> lots. <br /> PC REPORT NO. 28 <br /> <br />