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Home My WebLink AboutCOM 0632.004 2000-2002 ` # t .i:, .',"Y $ 5 :++:vry%-FXX R'~4~7171h~R .~BIX}~~ 5:1 "B~i.C~:%-, - f J~ ~ i ~ f e ~Stl#?j tiF.: <"~:t2£3I'I3~fI;" ^'1s'-> ~Z", ~sE;': ~3<.<< ~Y~#€1~€lC~;`#!#I]~12~3~Ir~., ~3~ s. .r"3 ~ x!t ......~...r. % _..~3. .1~.: ~)t~36 ~A ~t~k 'LM~:l>W~ l.•w ":.i~f.. ~ }l>S~kW ~ft _E: ,1~.L48LYS 5.{:f~'a:< r ~L~J1Vb1 1-ttl~ ~4F:it~. t~.i~~.:.. 1. :~~SS a4~. ~f.S ~S~Y}iI.I:~ ~ €~•~:~:l~l~= ~~~~~~5~. 4~~ i#~~1~~ ~1~~~~ns a~ tfn~ fir ~~ie e~~ =~~~~s~a> t, # ~,~wt..# ~ ~£f~l ..c l~~,v I~~~ to ~.,.::':E3<t<s;° ~`.~iz~,~t~r'c~~ve~ ~e~~ . a~l~ ..e<~F3 .>:s:.:: s':.~5 #'EF`rnEl :E i><s,#.~i .fi ~?'11#323 ~iZPI~~1 :..^^>'.C~,' .~1'~'~~€'~?~t M~3, ~~,~#s~3~" t~1 ,;:1;3 t~Mh~~~#=;~€~, s~>. t. t~ ,..~~c~r~ ~g 2~0~ I~~:~.n~i~~ ~~#~€~€~~sa°: ~~~.~r ~,.~,°~1£s: ~~r~ a~' ~~'sz: t . ,~.I.k# `.n.rl' . €`~GC3 ~ 1'I?e ~'~w~£a~"?#.1#Ei< ~us''3'3`s€slOt2 ~O E`#~ E..3 ~'au~~s~" - .~3t is'3 ~ ` 3.13. r .:f,,;#.%,:~5, ~ £:°c~ .Fd£?33Ge3`~-i~~:€.f$~~~ r'~:~?;t'4C~€~€:%2~~~ ~£7F11~-#f,~ c'€~3~~ is #t k~ #~F. ~ 1#%?, ~f,... ~#r r~;b~F~ ~?i~. }sex- `i ~..p<',,_.. ~ISt4'tC`c. - - - 3"t £~.ii:r?~ 3 ;:~'~''::~.~Z.:~r,3.'r~~r,#f3r~`~ss:##,.,3~~'s3:#°.~~~ t:s~'£~~~I1~13~'}''i>5'1<IC):'.'~~t~f'E'~€`i3~:~3slc'331i€~'t'~'#t:~si£t.~ .:~~??#^z~F~~<€Y~2~U' 121 ,r 3.;. t .t £`f~" ~t3.~ (;:~##~IsE?~s`.:.^,~:E€ a.~.'.1m°,:€#~°l;€~ ^.:~~OF?};i ,..c}:~ .<3,~~s~Tl3. ~ S~ 's < r:;?31.~.r,:~"z`#'+' #E'#>' a.ullt_vl"s? 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P~e~p~~tl~~ ,a~:~t~e€€, s ~ ~ s ~q 1,1t.t~ . ~0~4~'~tt~~. ~la.~~i~~~ ~~~~~~t~v~~ ~~te€~s~~d~ R 3 ~~;,;.c;'ti.,<. 8,~2 w 3~', tz~E:<s•<~~.~s<f ~ ~ s'~,s:#3 >`z. * ~':z3:#.3-;, ? a . ;3iv )..i-: f .~E3 s r~ r~.l~., lell.S. b R~k`~ t February 20, 2002 County of Hawaii Planning Commission 25 Aupuni Street, Room 109 Hilo, HI 96720-4252 Subject: Ordinance Amending Chapter 23, Subdivision Code Related to Condominium Property Regime, More Specific in Reference to "EXEMPTIONS" as Proposed, Pages 8-9 (a)+(b) Honorable Commissioners: I have read with great interest the 11-page proposed "Ordinance Amendment", together with an article in West Hawaii Today, dated January 30, 2002, under the subheading "County Looks to Close CPR Loophole". I am in agreement that stricter rules should be adopted regarding the issuance of permits for ADDITIONAL FARM DWELLINGS in that the abuse that the Planning Director is trying to abate relates solely to his perception that people are building too many FARM DWELLINGS without putting in infrastructure that would go along with a subdivision. I am not in agreement that the ADDITIONAL FARM DWELLING abuse issue be dealt with by taking away a form of ownership that has been available to residents of this County for literally decades and which serves our local families very well. Simply stated the Planning Director is proposing to amend the wrong Code provision. What should be examined and revised if necessary are those portions of Chapter 25 of the County Code that allow FARM DWELLINGS on Agricultural zoned property. The Planning Director believes that taking away the CPR form of ownership will solve the problem from a practical point of view, however, that is pure speculation on his part. The better approach would be to deal with the density/infrastructure head on by examining and amending the FARM DWELLING portions of the Zoning Code if necessary to curb the type of abuse that the Planning Director is concerned with. However, if you do not agree with my perspective and decide to endorse the Planning Directors throw the baby out with the bathwash approach, then please note that in the draft amendment, as well as in the newspaper article, the Planning Director addresses extreme situations, more specifically a 28-15,000 sq. ft. lot subdivision on a potential floodplain, and always refers to "development" and "developers". I have two problems with the proposed amendment: 1. The Director's proposal for a transitional period (hardship provision) to allow the completion of CPRs in progress in certain cases ("Ordinance Amendment", page 3, second paragraph), but disallows others. In order to avoid repetition, I have enclosed a copy of my letter dated February 12, 2002, relating to four (4) cases in process, three (3) of which would not be allowed under the Director's unrealistic and unjustified proposal. Post Ofpiice fox 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609 D BL11~d17Ll1~iS~~J~JS1 'u-~~\So~J~J~l1 JsJS~S~S57 County of Hawaii-Planning Commission Page 2 February 20, 2002 2. We do not have in our County just "developers" and "developments" as reflected in newspaper articles and proposed ordinance amendment. I am not referring to profiteers, I am talking about the single property owner, or co-tenants in the AGRICULTURAL DISTRICT for instance, there are many of them who want to make better use of their lands but can't unless they use the CPR process. It is vitally important to understand that under state law and county regulations, the owner(s) of an agriculturally zoned property is entitled under existing law with proper farm plan(s) to establish additional farm dwellings, the vast majority of such owners wanting to build a second farm dwelling on their property, the now infamous "ADDITIONAL FARM DWELLING". It is vitally important, also, to understand that an owner who is given an ADDITIONAL FARM DWELLING AGREEMENT and then builds the farm dwelling pursuant to that Agreement is not violating any state or county subdivision or zoning regulation and thus should not be PENALIZED by limiting how they own that farm dwelling. This administration has already imposed much stricter rules for the approval of an Additional Farm Dwelling Agreement. And that is exactly what they should be doing, since THAT is where the problem lies, not with how those dwellings are owned. Important to remember, also, is the fact that the County General Plan, in particular after the demise of the plantations, encourages owners of Agricultural zoned land to create small farms. The administration actively allows additional farm dwellings, on standard or substandard roads, on county water or catchment, as long as there is sufficient rainfall to support such system, with HELCO power or alternative energy systems, and rightly so in light of the existing State and County laws concerning Agricultural zoned lands. If the administration believes that the people of this County would be better served by putting limits on the allowance of farm dwellings, then it should propose amendments to the Zoning Code that will support the General Plan and help eliminate abuse of the ADDITIONAL FARM DWELLING provisions of the zoning code. IT COULD BE DONE. HOWEVER, INSTEAD OF DEALING WITH THE REAL ISSUE, the administration has chosen to propose an ordinance that would not allow that those additional farm dwellings, although completely legal and approved by all government agencies, to be individually owned as CPR units being of the mind that eliminating CPR as a form of ownership for those property owners that have farm dwellings on their agricultural zoned property eliminates the problem. I believe that this approach just PENALIZES the everyday hard working people of this County who are not the ones who are abusing the existing laws. And if this is not selective enforcement, I wonder what is. If this ordinance would be ratified as written, the Additional Farm Dwelling is strictly for the affluent, while the members of our community with limited means would be thrown to the wolves. It is unrealistic to expect, i.e. two (2) families as co-tenants on 20-acre land to pay in cash for land and farm dwellings, since they do not get any mortgage, unless they sign mutually their and their children's lives Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609 8~~~~8~~~~ County of Hawaii-Planning Commission Page 3 February 20, 2002 away for eternity. On the other hand, to allow in those cases the CPR division does not change the infrastructure requirements at all. The two (2) farm dwellings are there with and without CPR. It is strictly a question of ownership. I cannot see where this would collide with any laws. On the contrary, it will provide the opportunity, socio-economic base, a reasonable housing mix as desired under the county general plan's -STANDARD, GOALS and POLICIES. Where the administration got the idea that the simple change from co-tenancy to CPR would create double density is beyond me. Rule 13 "Farm Dwellings" regulates that sufficiently and if not IT should be amend. If a solution to this problem is not reflected in the new ordinance, it will have a devastating effect for the entire community. Respectfully submitted `a Klaus D. Conventz Representative Post Office Box 2308 • Kailua-Kona, Hawau 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609 _ . _ ~~lJ 11171111 ~ l~ ~~~Lt~l~ Klaus I]?. M.~. R ~ t February 12, 2002 County of Hawaii Planning Director 25 Aupuni Street, Room 109 Hilo, HI 96720-4252 Subject: Ordinance Amending Chapter 23, Subdivision Code Related to Condominium Property Regime, More Specific in Reference to "Exemptions" as Proposed, Pages 8-9 (a) + (b) TMK: (3) 7-3-7-OS Anthony Amato, et al. (3) 8-1-2-07 Bruce and Carol Clifford (3) 9-4-5-03 Bryan and Carlene da Silva (3) 9-4-5-47 Drake and Patty Fujimoto Dear Mr. Yuen: I represent the above listed property owners in their applications of proposed conversion of their lands under the provisions of the Condominium Property Regime, creating two (2} units on subject lots. Although the specific circumstances are somewhat different in the four (4) cases, they all have in common the fact that they commenced CPR proceedings before December 2000, including considerable capital investment. One other thing these four (4) cases have in common is that each sought the representation regarding the preparation for CPR from Wallace II. Gallup, Jr., Esq., who in return referred them to me for technical and planning advice and support. In all cases, the Planning Department denied categorically any further approval of CPRs. It was made quite clear in endless discussions with your Kona Office, that there would be no compromise, not even in the case of TMK (3) 8-1-2-07 (Clifford), although there would not be. any additional improvements contemplated. My off ce then subsequently pursued a possible subdivision in the cases of the Cliffords and the Fujimotos (TMK (3) 9-4-5-47), to no avail. You must certainly remember various phone conversations on the matter, in particular the Clifford's concerns. Post Office Box 2308 • Kailua-Kona, Hawau 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609 ~3~ ~7~I~II~`I~~I~3 C~~~~~~Bk~C~ County of Hawaii-Planning Director Page 2 February 12, 2002 Now, I have read your proposed amendment of Chapter 23, the Subdivision Code, relating to CPR proceedings, and basically I agree with you. This ordinance is necessary in order to bring clarity to the now muddy waters. However, I do not agree, neither do my clients, that they (my clients), or anyone else who had started the CPR process but stopped based upon your December 2000 to March 2001 proclamations, should be left out under "EXEMPTIONS" (a) and (b) on pages 8-9. Except for the property of the Cliffords (TMK (3) 8-1-2-7), who would clearly fall under "EXEMPTIONS"(b), Amato/da Silva/Fujimoto would suffer grave injustice and irreparable harm, simply for being law-abiding citizens complying with the department's policies. There should be no question that it was the department's position since the end of 2000, and everhardening through March 2001, that there would not be any CPRs for the lands in question. Many people had expended money and had begun document preparation and entered into contractual relationships by that point in time who are not covered by your proposed EXEMPTIONS which is not equitable. Certainly Mr. Gallup informed all four (4) parties accordingly. So did I. They of course instructed us to cease in our CPR document preparation process, to mitigate their damages arising out of this change in administration policy. Your proposed EXEMPTIONS essentially penalize these parties and no doubt many more people who had actually begun the CPR process to their detriment. The EXEMPTIONS simply do not go far enough. The message the proposed "EXEMPTIONS" are sending to the general public is very simple: a} Property owners, who ignored the department's policies between the end of 2000 and 2001, and continued in the CPR procedures, would be rewarded with an approval, if they either recorded CPR documents or if they filed a notice of intent (which usually follows the recordation of CPR documents) anyway with the Real Estate Commission on or before June 19, 2001; and b) Property owners who followed your demand to stop the procedure, until your expected amendment of ordinance would be published, are left in the dust, if the proposed "EXEMPTIONS" are not amended. We believe that the proposed ordinance should allow all property owners who can demonstrate that they had started the CPR by the time you first started writing denial letters to the Real Estate Commission and attorneys, etc. (we believe that was in March 2001 but may have been earlier) should be allowed to complete their CPR projects. Many people like my clients had retained attorneys and consultants to start the process, paid retainers which were spent, had site plans prepared by surveyors at no small expense and had documents in the process of being drawn but stopped short of finalization and recordation when Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609 ~~~~~~~8~~~~ ~®~~L~~1 Bk~C~ County of Hawaii-Planning Director Page 3 February 12, 2002 your edicts started being issued. It is not rational to exclude these people from the EXEMPTIONS while rewarding those who plowed ahead in defiance to your stated position. I have enclosed detailed fact sheets, specifically for each one of the three (3) remaining properties (Amato/da Silva/Fujimoto), reflecting the considerable investments of all three (3) owners for purpose of CPR creation in a timely fashion. They and others similarly situated should be allowed to complete the CPRs as well. Respectfully submitted, Klaus D. Conventz Representative Enclosures Post Office Box 2308 • Kailua-Kona, Hawaii 96745-2308 • Phone (808) 329-0898 • Fax (808) 326-7609