2017-11-02 Hearing Transcript - PD Initiated Pre-Existing Lot Determination

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And, so I have an example of two cases of many where this has occurred. This one is in East Hawaii, the Orchid Isle Estates Subdivision which was created in 1961 by submitting a file plan to the State Bureau of Conveyances. This file plan was never submitted to the Planning Department for approval. And, you can see it's a little hard to see, but it's a very large subdivision, and you have a State surveyor's office that signed the file plan as well as the Bureau of Conveyances signed in 1961 showing that they received the filing. So, these lots in the subdivision were essentially created by this file plan being submitted to the Bureau of Conveyances. Another example is in West Hawaii. This is the Kaloko II Subdivision mauka of Kaloko Drive, and this subdivision was created in 1989 by the same method. Basically, the surveyor created the subdivision and certified the subdivision and then submitted it to the Bureau of Conveyances to be filed and recorded. So, the new language would just simply recognize all of those lots that were created without the Planning Department approval of the plat, and the Director is recommending that you send a favorable recommendation to the County Council for this amendment. I would be happy to answer any questions. We also have Susan Gagorik and Jonathan Holmes from our Administrative Permits Division. They can answer any questions as well. They process all the subdivisions in the Planning Department. HENKEL: Any questions? CLARKSON: Yeah, I can see how a 1961 subdivision might have slipped through the cracks of the County Planning ordinances, but 1989? I mean, could this, could that happen again where somebody just submits a survey to the Bureau of Conveyances and subdivides a parcel without ever going through a subdivision process? JACKSON: No, the main reason it happened up till 1999 is because May 1st, 1999, is when the Planning Department took over tax mapping and so once that occurred, the, the subdivisions weren't assigned a tax map unless the Planning Department assigned a tax map to it. And, so obviously, we wouldn't assign it, assign a tax map number unless the County had reviewed and approved the subdivision. And, so that's why up to that date, those file plans had been submitted to Bureau of Conveyance[s]. HENKEL: I have a question. JACKSON: Did that answer your question, Commissioner Clarkson? CLARKSON: Well, not really. JACKSON: Okay. EXHIBIT C 2