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HomeMy WebLinkAboutRES 330 Draft 01 1994-1996COUNTY OF HAWAII RESOLUTION STATE OF HAWAII 330 98 ESTABLISHING A POLICY RELATING TO THE AMENDMENT OF ZONE DISTRICT BOUNDARIES WITHIN KALOKO MAUKA AND OTHER KONA WATERSHED AND MAUKA FOREST AREAS. WHEREAS, Kaloko Mauka Subdivision (Subdivision) was established over twenty years ago as a 2,000-acre subdivision of twenty acre lots comprising the upper half of the ahupua'a of Kaloko and extending up to the 5,700-foot elevation level within the state Agricultural land use district and the county Agricultural - 20 acre (A-20a) zoned district; and WHEREAS, although a significant amount of the native forest cover has been removed throughout the original subdivision for pasturage, recreation and residential use since its initial development, a substantial amount of forest cover remains on lands above the 3,500-foot elevation above sea level, which lands comprise the upper half of the subdivision; and WHEREAS, to the north and south of the Subdivision, for the entire length of the makai- facing slope of Mount Hualalai above an elevation of approximately 2,500 feet above sea level, all lands are in the state Agricultural land use district (L.U.D.) and the county A-20a zoned district (or the equivalent, by way ofowner-initiated cluster/open space zoned district combinations) and are in pasture and forest use, with the exception of several forest reserve areas which are in the state Conservation L.U.D.; and WHEREAS, from time to time since the initial subdivision was completed, various lot owners have applied for changes of zoning to a smaller minimum lot size to allow their lots to be further subdivided, and to date most such change of zone applications have been approved by the council and enacted by ordinance; and WHEREAS, such rezoning ordinances have established a pattern of (l) Agricultural - 3 acre (A-3a) minimum lot size densities in the bottom one-third of the Subdivision, up to the 2,600-foot elevation and (2) Agricultural - 5 acre (A-Sa) minimum lot size densities in a narrow band immediately above the A-3a zoned district, extending to the 2,900 foot elevation; and WHEREAS, like the surrounding lands, the entire upper half of the Subdivision remains in the A-20a zoned district, although a majority of lots in the upper half of the Subdivision reportedly have one or more single family dwellings thereon and approximately fifty percent are reportedly improved with two or more dwellings; and WHEREAS, several property owners have cited these heightened levels of effective density and initiated requests for rezonings of lands in the upper half of the Subdivision from the A-20a zoned district to an Agricultural - 10 acre (A-l0a) zoned district, which requests, if approved by the council, would indicate a zoning policy supportive often acre minimum lot sizes throughout the upper half of the Subdivision; and WHEREAS, the council believes that most lots improved with two dwellings have done so by creating "virtual subdivisions" often acre property interests under provisions of the state Condominium Property Regime (C.P.R.) law, which regime creates multiple saleable and mortgageable interests on a single lot without regazd to the county zoned district such lot may be in; and WHEREAS, while the council is concerned that the limited right to build additional dwellings on agricultural lots may have been distorted into over use in this and other rural subdivisions through the application of the C.P.R. law, it finds that such misuse should not be cause to compromise the value and force of county zoning powers, and instead may be reason for the state legislature to amend the C.P.R. law to prevent misuse on lands in state Agricultural land use district; and WHEREAS, the council believes that zoning lands in the upper half of the Subdivision, far above the elevation where the A-20a districts begin throughout the rest of this region, will effectively sanction the existing practice of condominium divisions of agricultural lands within the County of Hawaii, promote its use as pre-cursor of up-zoning pressures throughout the island's watersheds and signify that ten acre lot densities may be acceptable within the watershed elevations without any commensurate lowering of densities in surrounding areas; and WHEREAS, the council desires to protect and maintain the low density use pattern long established for the mauka, watershed lands of the island of Hawaii, and the Kona region in particular, For a variety of environmental and service management reasons. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that no lands above the 3,000-foot elevation within the Kaloko Mauka Subdivision or the 2,500-foot elevation above sea level elsewhere in the districts of North Kona and South Kona shall be re-classified to any zone district having a minimum lot size of less than 20 acres except where contiguous lands held under the same or a cooperative ownership are concurrently placed in a lower density zoned district with a net effect of maintaining or reducing overall density levels and enhancing the integrity and value of the region's watershed and forest systems. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; Virginia Goldstein, Planning Director; and Kevin Balog, Chairman of the Hawaii County Planning Commission. Dated: Hilo, Hawaii, this 19th day of June , 1996. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COL Co I hereby certify that the fc vote indicated to the right the County of Hawaii on ATTEST: R OLL CAL L VOTE ~NTY COUNCIL unty of Hawaii AYES NOES Aes ix -Tito, Hawaii Arakaki }{ Bonk-Abramson }( regoing RESOLUTION was by the ~" idg X ted b the COUNCIL of hereof ado De Lima X y p June 19 1996 Domingo X , Osorio X Rath X ' Ray X _ ~ Smith X 6 2 1 0 1 Reference C-1199/PC-124 COUNTY CLE CH N & PRESIDING OFFICER RESOLUTION NO.