HomeMy WebLinkAboutREP PC 187 02/23/1983 1980-1984 111 411
REPORT OF THE
COMMITTEE ON PLANNING
February 23, 1983
Chairman and Members
Hawaii, County Council
Hilo, Hawaii. 96720
Your Committee on Planning to which was referred:
/a• Comm. 1033 : REZONING REQUEST °- SAXE MOWERS
(Bill 905) KEEI 2nd, SOUTH KONA
TMK: 8-3-10: 05 (4 . 13'02 acres)
From Planning Commission Chairman dated November 30 , 1982,
submitting for adoption, a proposed bill to change the
district classification for 4.1 acres of land from an
Agricultural 5-acre (A-5a) to an Agricultural 2-acre
(A-2a) zoned district at Keei 2nd, South Kona.
Informs the request was denied by the Planning Director,
and sustained by the Planning Commission; however, the
petitioner appealed the decision to the Board of Appeals;
the Board sustained the repeal, remanded the case back to
the Planning Commission and ordered the Commission to
impose as a condition of rezoning that the property be
subdivided by the creation of a flag lot, as well as any
other conditions the Commission deems reasonable. The
Commission did not attach a condition requiring the
creation of a flag lot but recommended conditions, as
listed.,
1033 , 1: From Planning Committee Chairman Takashi Domingo dated
February 14 , 1983, transmitting the background and addi-
tional information regarding the rezoning request.
1033 . 2 : From Planning Committee Chairman. Takashi Domingo dated
(Bill 905 , February 16, 1983 , commenting on the rezoning application
Draft 2) and recommends approval of the request.,from Ag-5a to
Ag-2a. Submits Bill 905 , Draft 2 , with minor housecleaning
changes;
recommends the following conditions under Section 1 of Bill 905 be
amended:
(A) that the petitioner,' 'successors, or [his authorized representative]
for complying
assigns shall be responsibleo with all of the stated
conditions of approval;
411 Ilv
(B) that subdivision plans for tentative approval shall be submitted
within one (1) year from the effective date of approval of the change
of zone [. Final subdivision approval shall be secured within one (1)
year after receipt of tentative approval] ;
(C) that within three (3) years from the effective date of [receipt of
final subdivision approval]. the change 'of zone, [a minimum of] fifty
(50) percent of. the [total land area] lots to be rezoned shall be
utilized for [substantial] agricultural .activity. For the purpose of
this condition "agriculture" shall be defined as the cultivations of
crops, . including but not limited to .flowers , vegetables, foliage , fruits,
forage and timber; game propagation; raising .of livestock, including
but not limited to poultry, bees, fish or other animal or aquatic life
that are propagated for . economic or personal use[ . An agricultural
activity will be considered substantial (1) if such activity is
implementing a conservation, program for the .affected property (ie s) ,
as approved by the applicable soil and water conservation district
directors and filed with the Soil Conservation Service, or (2) if it
provides a major source of income to the person (s) who reside on the
property; or (3) if the property is dedicated, ' for agriculture us.es
in accordance with applicable Tax Department procedures and that such
agriculture dedication shall be made a deed covenant and duly recorded
with the Planning Department and Bureau of Conveyances. The execution
of a Farm Dwelling Agreement may also suffice in lieu of the above
requirements] ;
Further recommends Bill 905 , Draft 3 , be passed by the Council on first
reading.
Jattod.Z . a
TAKASHI DOMINGO
Chairman
PC REPORT NO . 187
ADOPTED : MAR 2 1983
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