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Home My WebLink AboutCOM 0187.011 1998-2000 f~ a! ~t~ •,y Stephen K. Yamashiro ~ Richard Wurdeman Mayor Corpomtian Coanx! ~'a w~p, ~aunfg rr£~ ~.tttuttii OFFICE OF THE CORPORATION COUNSEL t01 Aupuai Stree[. Snlte 325 • Hlla Hawaii %72D-4262 • ISOB) %1.8211 • Fax 1808) 961.8622 June 16, 1999 ~ Ms. Nancy Pisicchio Hawaii County Council ~ r , 25 Aupuni Street Hilo, Hawaii 96720 ti RE: BILL N0.50 ~ , SCD KAHAKAI, LLC c Dear Ms. Pisicchio: In your letter of June 14, 1999, concerning BiII 50, relating to a planned subdivision in Kailua, you asked several questions about the possible consequences of the Bill's passage. I will attempt to answer them, as they were posed. QUESTION 1: Is there anything in this proposed Bill that would prevent the developer from developing more than 98 lots within the project, at a density consistent with the zoning, as long as additional water commitment payments were made to the Department of Water Supply? Once zoning is granted, other permits are non-discretionary. Thus, additional density, up to the limits of the zoning would be allowed.. QUESTION 2: Is there anything which would prevent a subsequent purchaser of a one acre lot from building four homes upon that lot, as long as the subdivision code was followed and plans were approved by the County Department of Planning? No, for the same reason as stated above. Comm. No. ~ ~ 7 ~ l l b51e No. 7NCa I<n( ReP, tot P CDII)JCIt, ReP. Date JUN " ' 199y Ms. Nancy Pisicchio June 17, 1999 Page 2 QUESTION 3: In you opinion would the road plan proposed by SCD Kahakai, LLC conform to the Hawaii County Code? Under the Subdivision Code, Chapter 23, Hawaii County Code; all streets, private streets must conform to Article 6, Division 2 of the Code. HCC §23-53. Section 23-88 of that division, sets the minimum standards for non-dedicable streets. A subdivision not meeting those standards could not be approved unless a variance were granted. Given the rigid prerequisites for a variance, HCC §23-15, I do not envision that one would be appropriate in this case. QUESTION 4: The conditions within Section 23-48 appear to apply to dedicable streets. SCD Kahakai proposed that all streets within the project will be private and non- dedicable. In this case does the following section of our code apply? See the answer to Question 3, above. QUESTION 5: In the opinion of the Corporation Counsel, does the plan proposed SCD Kahakai Subdivision design conform to the Hawaii County Code? Assuming the facts are as presented by you, should the plan be proposed be submitted as a subdivision application, it should not be approvable. QUESTION 6: If not, it is the recommendation of the Corporation Counsel that the Hawaii County Council approve a Bill which includes features which are in violation of the Hawaii County Code? I believe that an answer to this question, might be considered an invasion of the Council's Legislative discretion. I hope, however, that the answers provided above, will assist you in your decisions. i Sincerely, c1~1~' HARD D. WURDEIv~AN Corporation Counsel RDW:bre3 PISICCHIO: Bill 50-Kahakai 6 ~4 ioyy KONA COUNCLI, OFFICE COUNTY OF HAWAi'I -COUNTY COUNCIL 77-6399 Nalani Street, Suite 104 Kailua-Kona, HI 96740 (808) 326-5684 Facsimile (808) 326-5697 FACSIMILE COVER SHEET TO: Mr. Richard Wurdeman FAX NO.: 961-8622 Corporation Counsel Pages: 3 FROM: Nancy Pisicchio, Council Member District 7 DATE: June 14, 1999 RE: Bill No. 50, SCD Kahakai, LLC Original to follow via mail. Please call Shyran DeGuair (808) 326-5684 if you have any difficulty receiving this FAX. Thank you. a Nancy Pisicchio ' Tel: (808) 961-8273 Councilmember Fax: (808) 961-8912 O~ '••a M?'~ COUNTY COUNCIL County ajHawai'i Hawaii County Building 15 Aupuni Street Hilo, Hawaii 96720 June 14, 1999 Mr. Richard Wurdeman Corporation Counsel Office of the Corporation Counsel County Of Hawaii 25 Aupuni Street Hilo, Hawaii 9672 SUBJECT: Bill No. 50 SCD Kahakai, LLC Dear Mr. Wurdeman: On June 9, 1999, the County Council approved the first reading of Bill No. 50, the ordinance amending ordinance No. 91 21. Prior to it coming back before the Council for its final reading I would like you to answer several questions regarding this Bill. This project, as now described by the developer, is to build a private, gated subdivision. If approved by the Council, the zoning for the subject property will be RS-7.5. Although not stated in any tent within the Bill, the developer has informed the Council that the project will consist of a combination of one acre and half acre lots. Proposed amended language for condition (B) states: "The applicant shall submit water commitment payment for 98 units to the Department of Water Supply...." QUESTION 1: Is there anything in this proposed Bill thht would prevent the developer from developing more than 98 lots within the project, at a density consistent with the zoning, as long as additional water commitment payments were made to the Department of Water Supply? QUESTION 2: Is there anything which would prevent a subsequent purchaser of a one acre lot from building four homes upon that lot, as long as the subdivision code was followed and plans were approved by the County Department ofPlanning? 77-6399 Nalani St., Suite 104 Kailua-Kona, Hawaii 96740 Kona Telephone: (808) 326-5684 Kona Fax: (808) 326-5697 Mr. Richard Wurdeman Page 2 June 14, 1999 The developer supplied a plan identified as the "proposed SCD Kahakai, LLC Subdivision". It shows what is essentially a cul-de-sac subdivision consisting of two main dead end streets. It shows one entry/exit point on Kuakini Highway on the south side of the project. About six hundred feet makai of the entry a road will provide an emergency access into the adjoining subdivision. Section 23-48 of the Hawaii County Code relates to cul-de-sac. It states: (a) A cul-de-sac shall be as short as possible and shall not be more than six hundred feet in length nor serve more than eighteen lots: provided that longer streets maybe approved by the director when unusual conditions exist." Both major cul-de-sacs exceed 600 feet and serve more than 18 lots. QUESTION 3: In your opinion would the road plan proposed by SCD Kahakai, LLC conform to the Hawaii County Code? QUESTION 4: The conditions within Sectioin 23-48 appear to apply to dedicable streets. SCD Kahakai proposed that all streets within the project will be private and non-dedicable. In this case does the following section of our code apply? Section 23-88 Nondedicable street; private dead-end street". (a) A private dead-end street may be established upon approval of the director. The street shall provide access to six lots or less..." QUESTION 5: In the opinion of the Corporation Council, does the plan proposed SCD Kahakai Subdivision design conform to the Hawaii County Code? QUESTION 6: If not, is it the recommendation of the Corporation Council that the Hawaii County Council approve a Bill which includes features which are in violation of the Hawaii County Code? Thank you for providing your attention to this matter. I will look forward to receiving your reply. Si'nce/rely Yours, ` Nancy Pisicchio NP:sd