HomeMy WebLinkAboutREP PC 082 05/14/2002 2000-2002 REPORT OF THE
COMMITTEE ON PLANNING
DATE: May 14, 2002 RE: C-608 /Bill No. 213
PLACE: Councilroom
TIME: 2:11 p.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 213, by Mayor Harry Kim, per
Communication No. 608, dated April 22, 2002, regarding the Planning Director's amendment to
Chapter 23, the Subdivision Code, relating to pre-existing lots, reports as follows:
Bill No. 213 amends Chapter 23 (Subdivision Code) of the Hawaii County Code by adding a new
section entitled "Article 1 l . Pre-existing Lots." The purpose of this article is to specify when
pre-existing lots may be recognized based upon leases, and to limit the use of certain pre-existing
lots for consolidation and resubdivision.
"Pre-existing lot" is defined as a specific area of land that will be treated as a legal lot of record
because of actions that occurred before the enactment of the first applicable county subdivision
ordinance.
"Conforming" is defined as compliance with the requirements of the applicable zoning district
including minimum building site area and minimum dimensions.
Bill No. 213 particularly applies to "lots" resulting from leases or other temporary arrangements,
such as units within abandoned plantation camps, and clarifies that the units within the
abandoned plantation camps cannot be considered as pre-existing lots.
Your Committee reiterated this proposed bill does "not affect any pre-existing lots recognized by
official action of the director, or within any subdivision which had received tentative or final
approval prior to the effective date of this ordinance." This bill is not retrospective, and only
applies to the future.
Deputy Planning Director, Roy Takemoto, in response to a question, explained that January 8,
1948 is when "the subdivision law w-as amended so that the lease, as well as the sale of lots, must
conform to the Subdivision Code."
Your Chair explained that this measure materialized after a Board of Appeals meeting when the
issue of pre-existing lots from old abandoned plantation camps arose. There are no buildings on
these abandoned campsites, yet theoretically under existing law, the pre-existing lots could be
claimed. Once there had been houses in plantation camps, and although homes have not existed
for forty years, the sites could be recognized as apre-existing lot for the purposes of
consolidation and resubdivision, which means that they don't have to conform to modern
subdivision codes and county road standards, and water, utility, and all the other things like
parks, public access, etc. would not come into play. Your Chair then thanked Chris Yuen, Roy
Takemoto and the Planning Commission for introducing this measure to prevent further
development of these "pre-existing lots."
PC-82
PC-82 - 2- May 14, 2002
Your Committee did not entertain further discussion on this measure.
On March 22, 2002, the Planning Commission forwarded a default unfavorable recommendation
to the County Council because the 60 day period in which they had to take action on the bill had
passed, and there was no quorum present to vote on the matter.
Your Committee on Planning is in accord with the intent and purpose of 13111 No. 213, and
recommends it pass first reading.
AYES NOES A & E EX
LEITHEAD-TODD X
TYLER X Respectfully submitted,
ARAKAKI X COMMITTEE ON PLANKING
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$Y JEAN LEITHEAD-TODD, CHAIR
PISICCHIO X
PC REPORT NO. $ 2
YAGONG X X ADOPTED: ~ U L ~ 1 2002