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Home My WebLink AboutORD 1994-117 1992-1994~~- COUNTY OF HAWAII STATE OF HAWAII .. BILL NO. Dra02 ) ORDINANCE NO. 94 117 AN ORDINANCE AMENDING CHAPTER 23 OF THE HAWAII COUNTY CODE 1983, BY ADDING A NEW ARTICLE RELATING TO PLANTATION SUBDIVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The county council finds that unique lifestyles and communities have developed in plantation towns. Over the course of years, the sugar plantations on the island of Hawaii have built housing and related improvements for their workers. Living in these houses and working together became a way of life for residents of these communities. As the sugar plantations are closed due to changing economic times, the council finds that it is necessary for the public welfare to find a way to preserve the unique established plantation communities and provide a method whereby sugar plantation workers need not be displaced from their homes and where they can continue on in affordable living facilities. SECTION 2. Chapter 23 of the Hawaii County Code 1983 is amended by adding a new article to be appropriately numbered and to read as follows: "ARTICLE Section 23- Plantation Community Subdivision. A plantation community subdivision is a subdivision established on lands formally owned by sugar plantations and which had been developed into housing and community buildings for employees of the plantation. Section 23- Criteria. A plantation community subdivision may be established in former sugar plantation communities if the all of the following conditions exist: (1) A sugar plantation has provided housing for its workers which developed into a plantation community. (2) The plantation community has existed for at least fifty (50) years. (3) The sugar plantation is no longer in operation. (4) The fee title of each proposed lot within the plantation community on which the housing and improvements exist is to be conveyed in fee simple to the former employees of the sugar plantation. Section 23- Designation as a Plantation Community. The planning director shall review and investigate any application for a plantation community subdivision to determine if the plantation community involved meets the criteria established herein, except however, due to public safety and health considerations, the established plantation community with the approval of the Council by resolution, may be relocated to another area within the region. Section 23- Notice. Upon receipt of an application for a plantation community subdivision, the director shall fix a date for approval or disapproval of the plantation community subdivision and notify the applicant. The applicant shall serve notice of the application upon owners of interests in properties within 300 feet of the perimeter boundary of the applicant's property. The notice shall state: -2- (1) The name of the applicant. (2) The nature of the request. (3) The location of the subject property or properties. (4) The date by which public comments and comments from the affected agencies must be submitted to the planning director. Section 23- Appeals. The applicant or other interested parties may appeal the director's determination on the designation to the Board of Appeals in accordance with its rules. Section 23- Infrastructure. Notwithstanding any other provision herein, the requirements of this chapter to provide infrastructure improvements shall not apply to a subdivider of a plantation community subdivision, provided that the planning director in consultation with the chief engineer and the manager of the department of water supply may require the improvements necessary to further the public health and safety. All of the proposed lots within a plantation community subdivision shall prohibit the construction of an ohana dwelling or second dwelling unit, or any structure that will further any increase in density of the plantation community subdivision. This prohibition shall be recorded iq the deeds of all the proposed lots with the Bureau of Conveyances and shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval. -3- Section 23- Lots. The size and configuration of the lots and setback requirements in a plantation community subdivision are exempt from the provisions of this chapter and chapter 25 of the Hawaii County Code. Section 23- Agriculture District. (a) For lands within the state land use agriculture district, lot sizes of less than one acre may be allowed, provided that: (1) the planning director designates the subject area as a plantation community subdivision; and (2) the area of the proposed subdivision is reclassified into the state land use urban district. (b) If the above procedure is not applicable or deemed inappropriate by the planning director, then the subdivision may be considered under the procedures described in section 46-15.1 and section 201-210, Hawaii Revised Statutes. Section 23- Procedure. Except as provided herein, the subdivision process for the plantation community subdivision shall be required pursuant to chapter 23 of the Hawaii County Code." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does 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 severable. -4- SECTION 4. This ordinance shall take effect upon its approval. BY: A ~ ~ COUNCIL MEMBER, COUNTY O HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: September 21, 1994 September 21, 1994 October 5, 1994 OCT 1 0 1994 ?~v~,~.e.,J k ~~ ~-~~ ''.ti'i~? CORFO~ATIGN COUNSEL CG'JN1Y OF HA\NAII rs Date.__..-.-...-----/ f~q~ -5- OFFICE OF THE COUNTY CLERK , . ~~ -. County of Hawaii r '~ ~ `. '~ ~- Hilo ,Hawaii 9`~ OCS 11 ~'~~ 8 53 JTY CLEFK (DRAFT 21 4FFIG~- ~: '~ _ ..r 4: 4':'t ."~~! Introduced By: Takashi Domingo DateIntmduced: September 21, 1994 First Reading: September 21, 1994 Published: N/A RF.MAAK.C; Second Reading: To Mayor. Returned: Effective: Published: REMARKS: October cto er October October October 5 5, 11, 10, 18, 1994 1994 1994 1994 1994 ROLL CALL VOTE AYES NOES ABS EX ARAKAHI X SONK ABRAMSON X CHILDS X DE LIMA }[ DOMINGO X HALE }{ BATH ROSEHILL X SCHtTrrE 9 0 0 0 (DRAFT 31 ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X BONK-ARRAMSON X CHILDS X DE LIMA X DOMINGO X HALE X BATH ROSEHILL X SCHUTI'E 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. aPP~lov,~~t, FO a~slld ALlTY ~~ "CORPORATION COUNSEL COUNTY OF HAWAII ~}e OCT 7 1994 Approved/D~appreved this / ~ day of D c {-p h~ , 19 94 ~. COLRS~HAWAII , ~~. Bill No.: 302 Reference: C-12C 6L 2/PC-134 Ord. No.: