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HomeMy WebLinkAboutCOM 0608.006 2000-2002 ~I~W~II I~L~NI~ ®~T~I ~AI~'I°~R~®, INS. ~~~~~~R® Honorable James Y. Arakaki, Chairman And Members of the County Council 25 Au uni Street 14 Waianuenue Avenue P REC`.Elv~t'~ Hilo, Hawaii 96720 Hilo Hawaii, 96720 Phone: (808) 935-0827 ,,~=T- a.yst _M Fax: (808) 935-4924 date ~~nry Co~nci! E-mail: hibr@hibccom August 28`h, 2002 President Carl Spencer, R, e-Pro,GRl, Dear Chairman Arakaki and Members, President-Elect Hawaii Island Board of Realtors Input on the proposed Ordinance Amending Rick Barbati, R, CRB, CRS, GRI Chapter 23 regarding Pre-Existing Lots and the creation of a new Article 11; Vice President Ken Kjer, R. In our ongoing effort to track and provide input on the above proposed ordinance, the Hawaii Island Board of Realtors wishes to submit the following comments for Secretary the County Council's consideration. Donna Herbst, R, GRI Firstly, we wanted to express our appreciation for Mr. Yuen's efforts to address Treasurer Gary Rothfus, R some of our previous concerns on this issue. We acknowledge that his revisions to his original draft of this ordinance do appease many of our "pre-existing" O Immediate Past President concerns. Joel LaPinta, R, CCIM, GRI, Though HIBR does not currently have any comment on the Planning Director's Directors: intention to specify when pre-existing lots shall be recognized based upon leases, we do have some remaining concerns with the latter sections of this ordinance. Linda Caleo, R, CRS, GRI Given the Purpose, in part, of this ordinance to limit the use of "certain" Georgia A. Callavuay, R,GRI pre-existing lots for consolidation and re-subdivisions, we wish to verify that any Henry Correa, JrR,CCIM, definitions and general intentions of this ordinance remain very specific to this CRB,CRS,GRI cause. As it is the Director's intent to create a whole new Article 1 1 specific to Edith Crabb, R, CRS,GRI, pre-existing lots for adoption into the code (where there has been little reference Christine DeSilva, R Heather Hedenschau, R,GRI or direction offered thus far), we recommend further study and deferral of the Penny Pagliaro, R, a-Pro adoption of this ordinance in order to ensure that sufficient consideration is given to any potential issues related to restrictions on "pre-existing lots" Our specific concerns with the draft ordinance as written are as follows: Executive Ofticer Adrienne M. Notley 23-118. Definitions. Executive Assistant Lovelyn A. Boranian Though we acknowledge and appreciate changes to this definition from previous drafts, Diane Weigand we are still somewhat unclear regarding the terminology " because of actions that occurred". What does this actually mean? In our opinion, this ~i~ording is still somewhat vague and discretionary. We would support a definition more along the lines of: REALTOR® is a registered " A Pre-Existing Lot is a specific area of land that will be treated as a legal lot of record collective membership mark because it existed as a se Karate lot of record before the enactment of the first a ~ lica le which may be used only by County Subdivision Ordinance." real estate professionals who (;otYi211, j1o„ are members of the NATIONAL ASSOCIATION File NO. OF REALTORS® and • subscribe to its strict Code Ref• TO: of Ethics. k~ef, Hate- 02 23-121. Use of certain pre-existing lots in consolidation and re-subdivision. Though we are pleased that this section is now quite specific about the types of lots it intends to restrict by listing them simply and specifically, we remain concerned about the revised language of "shall be excluded for calculating the number of lots in applying section 23-7". Does this mean that these types of lots will be excluded from consideration in their capacity to affect others- more specifically the possible dissection of other lots, thereby creating two separate lots of record. In an effort to keep the language real simple, we would therefore recommend and support a definition such as: "Railroad lots, railroad right of ways, flume lines and pole anchors shall not be considered pre-existi~ lots of record for the purposes of 23-7, unless it is conforming." We would like to recommend that there be the introduction of some specific language allowing for the recognition of lots that were created by the dissection of, for instance, a railroad right of way, thereby creating 2 separate lots. Though the railroad right of way may not be recognized as a lot itself, we feel that the 21ots created by its division should be. Therefore, we propose adding the following language to this section: " This section shall not affect the recognition ofpre-existing lots which were created by the separation of the aforementioned lots." Section 3: We feel that the underlined language should be added to this section: " Section 2 shall not affect any pre-existing lots recognized by official action of the director, or applicable appellate bodv, or within any subdivision which has received tentative or final approval, prior to the effective date of this ordinance." We believe that this Wile should not exclude any current request for determination of pre-existing lots which my be currently contested or do not yet have the oflcial "recognition of the director." As the Board of Appeals does also have some authority ultimately in these matters, we would want to respectfully recognize that within this ordinance. In conclusion, the nature ofpre-existing lots is such that there are many different types of lots with varying sizes. histories, past conveyances, purposes, etc. And, despite their creation occurring prior to the fast subdivision control laws, these lots were indeed created through some providence or legal authority and therefore should be dutifully acknowledged and protected. We continue to feel that the very diverse nature ( as well as relatively small number) of pre-existing lots calls for more of a case by case analysis for determination of recognition and use. If this ordinance shall be passed into law, we maintain our hope that the language be as simple and clear as possible, with the scope being very focused and precise on the Purpose provided therein. HIBR respectfully asks that the County Council execute a thorough analysis of the issues, closely review the concerns stated above and, when appropriate, to incorporate them into the Council's recommendations for the future of any proposed ordinance. Sincer j~/ LL~~~L./~ Christine deSilva, R Government Affairs Committee Chair Ilawaii Island Board of Realtors . .