HomeMy WebLinkAboutREP PC 028 06/14/2005 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATF,~ June 14, 2005 Ile: Comm. No. 21 I/Bill No. 80
PLACE: Council Chambers
TIME: 1:10 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 80, reports as follows:
Bill No. 80, transmitted by Council Member Bob .Iacobson, via Communication No. 21 1, dated
April 5, 2005, amends chapter 23, article 3, division 1, section 23-23, Hawaii County Code
1983 (1995 Edition), relating to subdivision of land.
Bill No. 80 proposes to add the County of Hawaii Department of Environmental Management to
list of departments with requirements and standards for subdivisions; and applies restrictions to
subdivisions on land classitied as agricultural by the State [.and Use Commission, or zoned
Family Agricultural, Agricultural or Intensive Agricultural by the County, which includes the
following:
1. Convenants that restrict any agricultural practices except those that protect
environmental or cultural resources;
2. Resort-like features;
3. An inadequate supply of water to support agricultural operations;
Q. A golf course with lots of residential use;
5. Gated or limited entry to more than four lots where access to the general public is
restricted through the use of security guards, automatic gates and similar features
of gated communities: or
6. Any dwelling greater than 3.500 square feet.
This matter was first heard on April 19, 2005. Due to concerns that in some manner passage of
this measure may in one way or another affect the County's position in any pending lawsuit or in
any future decisions made by the Supreme Court, reference the Hokulia situation, this measure
was postponed to allow yow~ Committee to acquire the latest information and a better
background on how to proceed with this measure.
Then heard on May 17, 2005, this measure was postponed pending the outcome of House Bill
109 with regard to appropriate language within this measure.
During its discussion, your Committee had concerns over limiting the size of farm dwellings to
3,500 square feet and banning the use of gates on new agricultural developments larger than four
lots.
PC REPORT NO. 28
~I
Communication 211
Bill 80
Page 2
Communication No. 211.22 from Council N~ember Bob Jacobson, dated May 31, 2005, was
circulated submitting proposed amendments~to Bill 80.
A motion to approve was made and seconde ,followed by a vote by the nine Members in
attendance. The final vote, as reflected belo ,prompted the Committee Chair to forward this
measure to the full Council with a negative ecommendation.
Your Committee on Planning forwards Bill 110. 80 to Council with a negative recommendation.
smc
nYes hoes Awe ex Respectfully submitted,
ARAKAKI X
HICA x COMMITTEE ON PLANNING
HOFFMANN X
HOLSCHUId X
IKEDA X i
ISBELL x Pete Hoffmann, CO-C Ir
JACOBSON X '
PILAGO X
SAFARIK X
K. Angel P' o, Co-Chair
PC REPORT NO. 28
ADOPTED: ~U