HomeMy WebLinkAboutREP PC 086 06/18/2002 2000-2002 RE?'ORT OF THE
COMMIT'"i EE ON PLANNING
DATE: June 18, 2002 RE: C-632 /Bill No. 220
PLACF,: Councilroom
TIME: 2:20 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 220, by Mayor Harry Kim, per
Communication No. 632, dated May 6, 2002, regarding the amendment to Chapter 23, the
subdivision code, by the Planning Director, reports as follows:
Bill No. 220 amends Chapter 23 (Subdivision Code j of the Hawaii County Code by adding a new
article to Chapter 23, relating to the approval of condominium property regimes (CPR) only in
the RS, RA, A, FA, IA and APD zoning districts.
Bill No. 220 does not cover zoning districts in which multi-unit buildings are allowed, because in
trying to regulate CPRs, which are the equivalent of subdivisions of land, it is important not to
interfere with the use of the CPR to own multi-unit buildings.
Because of the concerns raised about the use of the CPR to circumvent the zoning and
subdivision codes, the 2000 State Legislature passed Act 251 on ,Tune 19, 2000, which added a
new section to the condominium law to state that "any condominium property regime established
under this chapter shall confoy-m to the existing underlying county zoning for the property..."
The Hawaii Kevised Statutes, section 514A-4S gives the county council the power to enact
supplemental regulations governing CPRs.
In implementing Act 251. Bill No. 220 provides a transitional period to owners who had made
their initial filings within one year of the enactment of Act 25 L or who wish to create a CPR on
property which had two legal dwellings, or permits for two dwellings.
The purpose of Bill 1~,'0. 220 is to ensure that whenever any subdivision occurs. it is in
compliance with Chapter 23, which specifies the minimlun requirements for subdivision, such as
road standards, etc. The Zoning Code together with the Subdivision code specify the minimum
area and dimension of lots as a basic control of density .
Most condominium property regimes in the agricultural districts within Hawaii County have
actually involved lots which could not legally be s;.ibdivided because they were not large enough
to meet the minimum lot size required for additional lots in the "Coning Code. The CPR of a lot
zoned A-20a, for example, completely destroys the intent of the minimum lot size established by
zoning.
Because of time constraints at today"s meeting, Your Chair stated that she would like to amend
this measure, and will work together with the Planning Director to obtain the appropriate
language.
PC-86
PC-86 -2- June 18, 2002
Your Committee did not entertain further discussion on this measure.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration for the amendment to the Subdivision Code.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 220, and
recommends it pass first reading.
AYF..S NOES A&E EX Respectfully submitted,
LEITHEAD-TODD X
TYLER X COMMITTEFf~1 P N~1NC~'r/
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ARAKAK[ X ~ j
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ELARIONOFF X ' ~BO~BY JEAN LEITHEAD-TODD, CHAIR
.IACOBSON X PC REPORT NO. S 6
PISICCHIO X ~ ~
SAFARIK ADOPTED: JI,,` -cz 1 20Q2
YAGONG X