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HomeMy WebLinkAboutCOM 0211.022 2004-2006 Phone: (808) 961-8263 BOB JACOBSON ~ ~''~y Fax: (808) 961-8912 COUNCII_MEMBER Email: jjacoCgco.hawaii.hi.us HAWAI`1 COUNTY COUNCIL ( ooruy oJHawai `i ~ _ . Hm ~a~ T ('ounty Building 75 Aupuni .l'treet, Suite 209 Hlv. Hnwni'i 96720 May 31, 2005 Tae Hawaii County Council Planning Committee Co-Chairs Pete Hoffmann and Angel Pila~o, and Members of the Hawai' i County Council Planning Committee From: Hawai' i County Councilmember Bob Jacobson Topic: Bill 80 Draft 2 Aloha kakou, Please see Bill 80 Draft 2 attached. I have made certain changes. This draft 2 is Ramseyered on the current language of CHAPTER 23, ARTICLE 3, DIVISION I, SECTION 23-23 HAWAI' I COUNTY CODE 1983 (1995 EDITION), RELATING TO SUBDIVISION OF LAND. Planning Director Chris Yuen is correct that two elements of this bill aze somewhat redundant with state law a) restrictive covenants; and b) golf courses (if Lingle signs the bill). These features should remain in the bill, however. First, much of the bill merely reiterates existing law and ensures its compliance. Second, if the Land Use Commission and its accompanying law are ever repealed, Hawai' i County will have important features incorporated in the county code. Third, the bill goes a bit further because it applies to land classified as agricultural by the state as well as any zoned agricultwal, but not necessarily classified as ag. by the LUC. I have added the language for Hokulia in the last sentence of the bill, which is probably necessary. Remember the county is allowed to be more restrictive of uses in the agricultural district than the state is. I have added a paragraph to the findings, which I believe allows us to get rid of the language that troubles so many people: "resort like features." I have clarified the water provision. At the same time, I have also given the Planning Director the ability to draft rules for water variances. Giving our Planning Director the power to adopt rules will allow him to finally deny variances. Mahalo for your consideration of this draft. Comm. No. Z~ ~ ' Z. Z Ref. io: Raf. Uote~Q ~ District 6 -Upper Puna, Ka`u, and Soutk Kona Hawaii County Is An Equal Oppnrtanity Provider And Employer 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: "Section 23-23. Compliance with State and County regulations required. (a) Subdivisions shall conform to the County general plan and shall take into consideration preliminary plans made in anticipation thereof. Subdivisions shall conform to the requirements of State law, County department of public works, State department of health, State department of transportation, county department of environmental management, and County department of water supply requirements and the standards established by this chapter. (b) No subdivision of land classified as agricultural by the state land use commission, or zoned i-amily agricultural, a ricultural or intensive agricultural b the county, shall include: (1) covenants that restrict any agricultural practices except those that protect environmental or cultural resources; (2) a golf course with lots for residential use; (3) gated or limited entry t:~ more than four lots where access to the general public is restricted through the use of securit guards automatic gates and similar features of gated communities; or (4) any dwelling reater than 3500 square feet. (c) No land classified as agricultural by the state land use commission, or zoned family a ricultural, agricultural or intensive agricultural by the county shall be subdivided without proof that sufficient water will be available to support agricultural operations; provided that the director shall adopt by rule standards definin sufficient water to support agricultural operations as well as standards for ranting water variances. SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval and shall apply prospectively only to all subdivisions that have not received final subdivision plat approval by the effective date of this ordinance. This ordinance shall not apply to any subdivision that is the subject of a valid and enforceable development agreement approved prior to the effective date of this ordinance.