HomeMy WebLinkAboutCOM 0632.021 2000-2002 3~
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J~:. ~UILDIN~ DIVISION ~ DPW
COUNTY OF HAWAII - 25 AUPUNI STREET - HILO, HAWAII 94720
""''^~`r": - ~KONA O'rFiCE (808) 327-3520
` HILO OFFICE (808) 9dl-&331
rgrr ®c°MA:tt
Date January 23, 1997
Name Robert Triantos
Company Carlsmith Ball 6~lichman Case & Ic~~}i;
Address P•O• Box 1720 ~~y~v
Kailua-Kona, HI 96745-1720
City/State/Zip ~,~~x...m~-~.:~--~
X46__,_°----- _
SUBJECT: Condominium Conversion C~niy Council
TMK: 8-2-8:55
This is to inform you that our records on file, relative to the status of the subject, discloses that:
No permit vas issued for work done on the premise.
No building permit «°as issued for the change of occupancy.
At the time of completion, the subject complied to all building regulations that were in
effect.
Variance from any building regulation (Building, Electrical, Plumbing, or Sign)
was/w°as not granted. Specifically, (if granted):
The following violation(s) still outstanding:
Buildin; Electrical ~ Plumbing Sign
Otl?ers:
This status report reflects Building Division records only and does not include information from
other agencies.
Sh you have any questions regarding matters contained herein, please feel free to contact us. ~ ~
I~Ta®
ate _
lief.
°:~Z'NE ONOMUP..A, Division Chief Xc • lyl~`_ _l~ 11 ~ ~
Buiidin~ Division R96-52
KE BD-10
03/14/02 08:05 FAX ~ MITCH X1006/019
~~.z~.o._.,;;
w,~,..:..~- . ~TLI.. NO.
1'
ORD~NANC~ NO.
, . AN ORDINANCE AMENDING CZ~LA,PTER 23 (SUBDIVISION,CODE) QF , ,
THE HAWAIj COUNTY CODE, RELATING TO CONDOMINIUM PROPIJRTY
REGIMES.
BE IT ORDAINED B'X THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings. The Subdivision Code is meant to ensure that when land is
subdivided, the new lots have adequate access, drainage, and othc~x infrastructure. The
Subdivision Code specifies the minimum requirements for subdivision, such as road
standards_ The County has maay examples of infrastructure problems from subdivisions
developed before there was a strong subdivision code. The Zoning Code works with the
Subdivision Code to specify the minimum area and dimension of lots_ This is the basic
control of density_
7'he condomiiuutil property rcgnne ("CPR") law allows separate ownership of
apartments in real estate projects, while allowing for "common elements" like the roof,
hallways, driveways, yards, and so forth, to be held in common. The CPR disclosure and
review process is regulated by the State Real Estate Comrrussion.
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CPR permits ownership of a Iot by separ owners owning separate apai-tnaenis_
These apartments may have "limited coantnon e meats" which ar~ertain type of
si'
common elements reserved fur the use of a cert ' apartment or apartments to the
exclusion of other apartments. The '`limited co on element" is often an area of land.
The apartments can be sold separately and individu lly mortgaged. In Hawaii County,
CF'~~ have-been used in. the agricul~:axal.aiad residen 1 districts:,to.,creatv~solaaa-axe areas, _ :
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of ownership vn a single lot, without following the sub -vision code, by defining set
areas of land as "limited common elements." The result can be sizni lar to subdivision,
although not officially called subdivision. The CPRs typically have not complied with the
subdivision code_ The CPR is typically not reviewed by the Department of Public Works
for adequacy of the roads or drainage. A CPIt array Ue created simply by filing a
declaration, bylaws, and condo snap with the Bureau of Conveyances, although the
ix~,dividual apartments cannot be sold until the Real 1?state Commission issues an effective
date for a final public report. The definition of "apartment" is very broad and can include
a toolshed, a parking stall, a portion of a warehouse, a portion of a loading dock, a lobby
or front desk area in a condo hotel, etc.
Most CPR's in Hawaii County, in the agricultural district, have actually involved
lots that could not legally be subdivided because they were not large enough to meet the
minimum lot size required for additional lots in the Zoning Cade. For example, a
2~acre
lot in the A-20a zome cannot be legally subdivided because it is already the smallest legal
pareel, but it has been possible to create several CPR units and sell them off separately.
This completely destroys the intent of the minimum lot size established by the zoning,
and is, in effect, a do-it-yourself rezoning.
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(n response to concerns abottt the use of the CPR t circumvent the zoning and
subdivision codes, the 2000 State Legislature passed Act 251, which added a new section
to the condozx~.inium law to state that "any condominium property regime established ar---g
under this chapter shall conform to the existing underlying county zoning for the
property..." JH_R_S. sec. 514A-~5 gives the cvru~ty council the power to enact ,
supplem.cntal regtilati.ons .goVei-ning. C.P,R's.
In trying to regulate CPR s that are the equivalent of subdivisions of land it is ~J'
important not to interfere with the use of the CPR to own multi-unit b~aldings. For that
reason, the proposed ordinance does not cover zoning districts in which multi-unit
buildings are allowed. i' /~~e
The implermentation of Act 251 may cause hardship for some individuals who
made investments in the expectation that it would be possible to do a CPR. The council
finds that it is reasonable to allow some to complete the CPR process in this transitional
period, but limited to owners who had made tl~eir initial filings within one year of the
enactment of Act 251, or who wish to create a CpR on property which had two legal
dwellings, or pem~its for two dwellings. (Act 251 took effect on June 19, 2000.)
SECTION 2_ Chapter 23, hIawaii County Code, is hereby amended by adding a ne~v
article which shall read as follows:
"Article .Condominium Property Regimes.
Sectiom 23A-1. Purpose. The purpose of this article is to ensure that when land
is placed under a condonniniuin property regime, the individual units created are
adequately served by roads, water systems, a.nd other infrastructure, and that wastewater,
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03/14/02 08:05 FA% ~ MITCH
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drainage and flooding issues are properly addressed. Tt also clarifies the applicability of
zoning regulations to condominium developments.
Secfion 23A-2. ]De~~nitions.
"Apartment" shall mean any area designated as an "apartment" in the declaration.
"Common element" means any area desi~ated as a "cortlmon element" iia the
declat'ati.on_ _ .
"Condominium" means the ownership of single units, with common elements,
located on property within a condominium property regime.
"Condominium property regime" means the legal status created by Chap. 5 I4A,
JEJ_R_S.
"Declaration" means the instrument by vrhich property is submitted to Chap_
514A, J-I.R.S., and as such declaration is amended from time to time.
"Developer" means a person rho undertakes to develop a real estate
condoYniniuirx project.
"Limited common element" means any common element designated in the
declaration as reserved for the use of a certaita apartment to the exclusion of tlae other
apartan eats _
"Muuiuum building site area" meatzs the minimum building site area established
for the zoning district by the zoning code. For example, in the FA-3a district, the
minimuzra building site area is 3 acres. Jn the RS-10 district, the minimum building site
area is 10,000 squaw feet.
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03/14/02 08:05 FAX ~ MITCH ~ 010/O1
"1~rojeet" means a real estate condominium project; a plaYi or project vvhcreby a
condominium of two or more apartments located within the condomiiuuxn propcrty
regime is offered or proposed to be offered For sale.
"Unit" means an apartment and any contiguous limited common elements.
Section 23A-3. ~pplicaibility. Sections 23A-~ to 23A-20 apply only to
condo~~inium property regimes in the IZS; )k2:A., A, FA, lA, and ApD_~oaiing districts,-and . ,
to no other zoning districts.
Section 23A-4. Approval required. ~~-iS.~e~
(a) No developer shall cart" that the project is in compliance with alI applicable
county permitting requUrements, pursuant to H.RS. §514-A-1.6, §S l4A-
11(13) and §514A-40(a)(9} or any successor statute, unless the project has
~ ~ ~~,r~ received final map approval for a condominium uroperty regime from the
. ~ director__as_Qrovidedh~rein.
~®`~y (b) 'The director shall not ceztzfy that the proj cat is in compliance with all
/~'l/`g° applicable county permitting requirements, pursuant to H.12"S_ §514A-1.5,
lase §514A~39.5(c), and §514A-40(b)(1}, or any successor statutes, unless the
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project has received final map approval for a condotZ~inium property rcgixne
from the director as provided herein.
(c) The application for xnap approval for a condominiux property regime shall
confoTrn to the procedures for subdivision approval except as otherwise stated
herein.
Section 23A-S. Submission of preliminary xnap. The applicant shall sub~or?it a
preliux~inary map for a condominium property regime containing the information required
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by a preliminary plat. 7t shall also slow the location of all apartments, limited common
elements, and comtnot~ elements, shall identify which apart117,eni each limited common
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element is appurtenant to, and shall identify each unit. The preliminary map shall
conform to the declaration.
Sectiv~ 23A-6. Standards of ~review_ In considering the application for
prelitxzinary map approvals the reviewing agencies shall consider.each wait as a lot for, the.
purpose of determining the necessary improvements. The applicant shall pay an
application fee per unit equal to the Fee required by a subdivision application containing
the same number of lots.
Secteuaa 23A-~. Coalannon elements. The project may have common elements
that are not included ~vi,thin a unit.
Sectioaa 23~l,-8. lYlaxianaaan aauuaber of units. The number of units shall not
~ey~°~ exceed the area of the project divided by the minimum building site area.
Sectfioaz 23A-9. Msninaalaga building site area ease! unit cliaaBensn®aas_
(a) Each unit shall contain no less than the minimum building site area, except as
stated in (b). No limited common element may be included ire more than one
unit for the purpose of determitaing the minimum building site area.
(b). The director may allow areduction of-the miyumuin building site area for a
project mot exceeding two acres, or for a project not exceeding three units, if the director
finds that the overall development is consistent with the zoning district, and that the
project would meet the applicable criteria for a planned unit development. In such
projects, not exceeding two acres or three units, common areas not included in a unit may
be apportioned to the units in determiaaing whether the units meet the minimum building
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03/14/02 08:.05 FAX MITCH Q]012/Ol
site area. The director shall not waive the requirement that the number of units shall not
exceed the area divided by the minimttnn building site area_ In the state Iand use
agricultural or rural districts, the unit shall not be less than the minimum lot size required
by the state Iand use law.
Section 23A. 10. Minimium unit dimensions. The width and length of a unit
shall conform to the --regttizements fora building site established by the zonlzzg.district.u _ , .
question., except that the director inay allow modification of dimensions if the director
finds that the overall development is consistent with the zoning district, and that the
project would meet the applicable criteria for a planned tout development. Cornsnon
elements not included in a unit may be considered in making this determination.
Sectiom 23A-11. Tentative approval. The director shall grrant tentative approval
to a preliminary map for a condominium property regime in the same manner as tentative
approval of a preliminary plat, with conditions consistent with those that would be
imposed for a preliminary subdivision plat.
Sectia~a 23A-12. Fins?1 approval if no infrastnrcture required. If the project
requires no construction of streets, private streets, drainage improvements, sewers, water
systems, utilities, or other infrastructure, the director shall issue final map approval for a
eondominitun property regime at the san~ie time as tentative approval_
Section 23A-i3. Construction plans. After the developer has secured tentative
approval puusuant to sec. 23A-11, and before beginning cvnstn~etion, the developer shall
submit construction plans for approval pursuant to sec. 23-79.
Section 23A.,1 Final approval. After approval of construction plans tinder
sec_ 23-79, the director shall issue final map approval for a condominiums property regime
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after the developer has (1) obtained certitfiication of cornpletiom under sec. 23-98; or (2)
entered info a bond for completion of improvements under sec. 23-81 to 83.
Sectio~a 23A-15. Conifor~nance with conditians ®t'appr®vaA rerla,ired. The
developer shall disclose the tentative approval and any conditions attached thereto in any
fillings with the real estate commission for obtaining an effective date for a heal public
repork. _
Sectia~t 23A-16. )F'i~sl caaado~inia~ffi -rasp. The developer shall prepare and file
a final map for a condominium property regime that conforms to the preliminary snap as
tentatively approved. The review and approval of the final map shall conform to sec. 23-
72 to 23-74, insofar as applicable.
~;ect~i®~e 23A-17. No claan~e in co~admaralniaaffi after sapproval. After final
approval of the map for a condominium property regime, no change may be made in the
boundaries of the liYnited common elements or their assignment to apartments, or to the
boundaries of the common elements, without the approval o~ the director. Approval shall
be granted only if the changes also conform to the provisions of this chapter.
Secti®aa 23A-18. lEffect of cmnclaffiiniuffi neap approval. A unlit within a project
that has received final map approved for a condominium property regime and an effective
date for a final public report shall be considered a legal building sitc and a lot for
purposes of the Zoning Code and Subdivision Code.
Section 23A-19. I~evelopanea~t as a FTJD or CPD. A project znay be developed
as a planned unit development or a cluster plan development. Tk~e standards of the
approved planned unit development or cluster plan development shall supercede the
standards of this chapter.
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03/14/02 08:05 FAX MITCH ~1014/O1
Section 23A.-20. Exe~nptYOns,
(a) Notwithstanding sec 23A-4, the director shall certify compliance with all
county IaWS if requested under H_R.S. sec. 514A-40, to perniit the developer
to obtain an effective date For a final public report for a condominium
property regime creating 2 units on a lot, if the declaration izxvolving the
_ ~ ; . _ condominium property regime was filed with the J3ureau of Coraverances. , .
pursuant to H.R.S. sec. 514A-20, or a notice of intent was filed with the real
estate comarussiom, pursuant to Id.R_S_ sec. 514A-31, on or before Jwae 19,
2001, and the project complies with applicable county requirements, except
for the minimum building site area, m?niYnuln dimensions, and the provisions
of tbis article. Under this section, the developer anay also amend a declaration
or notice of intent filed on or before June 19, 2001, creating more than two
units, to allow the creation of only two units_
(b) Notwithstanding sec 23A.-4~, the director shall certify compliance with all
applicable county lavers under H.R.S. sec. 514A-40(b), to permit the issuance
of an effective date for a final public report creating two condominium units
on a lot, iFthe lot contained, on June 19, 2001, two or more legal dwellings,
either completed or with valid building permits, and the project complies with
applicable county requirements, except for the minimum building site area,
minimum dimensions, and the provisions of this article. The declaration
establishing the condominium property regime shall be filed with the Bureau
of Conveyances no Iaer than one year after the effective date of this
ordinance.
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Sectio~u 23A-21. AssessYttestts acrd rollback tastes ota coradoasainiunas. 1n all
coning districts, if a rezoning ordinance applicable to the property innposes a fair share
assessment, impact fee, or other similar assessment payable upon subdivision, said fee
shall be paid prior to final snap approval for a corndominiusn property regime or prior to
the effective date of a final public report, if a condomuuum is created on the property.
FQr purposes of rollback taxes.us~der.~awaii County..-Code sec. I9-53, the.creation of _ .
units by condominium property regime shall be treated as subdivision into lots of like
size.
Section 23A-22. JEfiEect of affioditicatio~ of state lam. If state laws regulating
condominium property s~egnnes are amended or modified the provisions of tl~s chapter
shall be interpreted to preserve the intent of this article.
Sectiosa 23A
23. No retroactive effect. This ordinance shall not alYect the legal
status of any project that had received an effective date for a final public report before the
effective date of this ordinance."
SECTION 3. Severability. If any provision of this ordinance or application
thereof to any person or circumstance is held invalid, such invalidity shall scot affect other
provisions or applications of. this ordinance which can be given effect without the invalid
provision or application, and tv this end, the provisions of this ordinance are declared to
be severable_
1NTRODUCED BY:
COUNCIL 1VIEMBER, COUNTY Op HAWAII
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03/14/02 08:06 FAY MITCH 0016/019
' 1-1i1o, ~-Tawaii
Date of Introduction:
Datc of 1st Reading: ~
Date of zna Reading:
APPROVED 'I'O FORM AND LEGALI'T'Y:
LINCOLN ASHIDA
Corporation. Cotansel
Dated:
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