HomeMy WebLinkAboutCOM 0608.013 2000-2002 - FF20M KAKO' 0 FAX N0. 8088895553 Aug. 29 2002 01: 12PM P1
~a'maliani'O Kohala ()bane, i<nc dba:
P.U. Box 55U, Kapa'au, HI 96755-055() Phone/Fax (808) f~h9-5553
www. kanaakani. orb
August 29, 2002
James Arakaki,
C,o~artcil Chairman
District 3 ~
Aupuni Street
Spite 209
Hilo.l~awaii 9b'l20
Sraibject: Ordinance dill 22®& fall Z13
Dear Council~rtan Arakaki,
K.atnakani 0 Kohala Ohaxta. (Kako'o) is a 501(c)(3~ Wort-profit organisation
with a zrterrrbe~rsl~p of about 300 families based in North :Kohala_ We are writing you to
follow up on last nights (August 28, 2002} public hearing on Bills 213 22U.
Kako'o strongly supports BiI] 220 -related to Gytadorniniurn Property R.egintes (CPR'5)
but cort<iitionally withdraws it support for)3ill 213, as written, relating to Pre-l~xisting
Lots.
13111213 regardingpre-existing "lease" lots is well written and thought out aztd this subject
matter takes up most of the fast 4 pages of the 7 page ordinance. I~owever when 13111213
addresses pre-existing "non-buildable" lots {roast lot, rail~ad righ~of-way, t~ume lute,
;pole anchor) only one par.agzaph addresses (page 5 first paragraph} these itnportartt
subjects. Kako'o feels more attEntion needs to be addressed in Bi11213 concerning "noa~
buildabk" lots_ At issue is how railroad right-of-ways corttinare to lse used by the planning
director as a partition point for a single lot to become two separate lots of record_
When a railroad bifurcated or divided a lot into two parts, was the original intent of the
railroad to peznxanently create two separate legal entities ? We feel the answer is no and
that it's interns was to allow for access or right-of--way through the property. When the
railroad was abandoned the owner of the divided property took back the area of right-of-
way. if The tend prior to the abandonment of the railroad had already beset divided and _
developed, recognizing the two lots as pge-eaas~ng rs a Correct assumption. However, to
alloy cotrsolidation and restcbdi~rision upon "norms
buildable lots" whose separate use has
never beech validated would seem a contliction. to the purposes of the subdivision law
aid peerpettrates a loopholo that #'rirthers "double dcrssity".
Consolidation and resubdivision (CcriR) is saspposed to be a process of taking contiguous
pieces of property, erasing the property lines that divide them, and then redrawing those
lutes sa as to yield a number of lots no ,greater than the nurraber that existed at the outset.
(3otrtrra. i~To
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FROM KAKO' 0 FAX N0. 8~8G895553 Aug. 29 2002 01:13PI'1 P2
In the. case scenario plat map enclosed ('Parker Kanch CSR) which we presented at the
public hear9ng we can look at 2 different srenaricrs.
Scenario # l
Frier to 13iiI 213 and past ~:ount3r administrations you can see where 7 Land
Commission Grants are divided by the old railroad, Counting the railroad right-of-way as
a "buildable" lot each laud gra~ttt then became three buildable lots to rearrange and sell for a
total of 21 lots.
Scenario ##2
With Bi11213 as written, Planning Diirec#or Chris Yuen co~nented iri ~s closing remarks,
that he would not have recognized the'7 railroad right-of-w~.y as "buildable" lots but
would recognise the lots as being two separate pee-existing legal lots of record, even
t::ough none of these lots have ever been. previously developed prior to the abaxrtlos~xnent
of the railroad ;right-of-way. fihus developers wouJ.d be able to reaarasage arrd sell a totsrl of
141ots_ Scenario ~2, if enacted today on a similar C&R property still yields a nutnber of
lats greater than the amber that existed at the outset. Fourtecrz (14) lots i.s still
considered "double dezasity" (from the original 7} and developers should need to prove r
that g~operEy divided by railroad right-of--ways, flumes, etc, actually were legal lots of
record prior to the abandonment of those rights of way. As 13111213 is written this
loophole Zras stiII not been closed. We suggest including a "requirerncrrt" section. similar to
23-199 concerning'°lots based upon leases" to address road lots, railroad right-of ways,
flume lines and pole anchors.
Coe~solidatio~ and resulxiivis7on is allowed in other counties. However, in Honolulu, all
resulting lots must be in conformity with the coning ordinances anal Li1se 13111 220 -
concerning CPR's - we feel that C~i.R's should also conform to existing zoning ordinances.
fihis provision would also help close loopholes in our CSR laws that have been used to
seriously disrupt the orderly planning of growth in our rural 13ig Island Corr~xnuraities.
Members of Kako'o anal others in our corarnunity appreciate all the hard work as~d
thought the Courical and Planning Director h8ve given to these importasrt bills- Prom the
C ;;amoral Ply meeting held iz~. K.ohal a you becarnc aware of the abuses of C & 12's arod
CPR's in our district and the concerns of our cotntnunity over the resulting access
problems we now face. °1'hc passage of these two bills will go a long way towards
avoiding problems irx the future in districts such as T~arroalrua. artd Kau.
°Thasalz you for your review and consideration of this request.
Sincerely,
ark CTrarYdoni
President, Kako'o
cc' Mr. Chris Yuen
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