Loading...
HomeMy WebLinkAboutCOM 0187.020 1998-2000 Smphen K. Yamaahiro Richerd Wurdeman +~'tR7~' Cmpoweion Cwnul ,r~ 'h.a. ~l.Q1t2I~~1 >a~ ~.21GJMTT OFFICE OF THl? CORPORATION COUNSEL f01 AupuM Bueee. SWte 325 • Hile, HawaiS 96720.4262 • (808) 961 $23l • Pax IB08) 961.8622 June 16, 1999 cL, ~ cn c:~ Wiz. ,o~~~-- Ms. Nancy Pisicchio c a-_ Hawaii County Council = 25 Aupuni Street ~ - Hilo, Hawaii 96720 - r civ 12E: BILL 1v0. SO _ SCD I{AHAKAI, LLC ° Dear Ms. Pisicchio: In youz letter of June 14, 1999, concerning Bill 50, relating to a planned subdivision in I{ailua, you asked several questions about the possble 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 4~8 Jots 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 1>imits of the zoning would be allowed.. QUESTION 2: Is there anything which would prevent a subsequent purchaser of a one acre ]ot from building four homes upon that lot, as long as the subdivision code was followed and plans-were approved by the County Depamnent of Planning? No, for the same reason as stated above. Comm. No, / / . O.Z.G F51e No. ~N6,~~1J Ref. 'fo: ~r~rN CouNet~ Ref. Date DEC 15 Z00 ~ !89S9LC808 SF3 BC~tT I2I3 BB-OT, ZT 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 appeaz 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? Sce 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. Sincerely, HARD D. WURDE Corporation Counsel RDW:bre3 Puiccxio_ani so-icu„aca~ C00 ~I !89S9ZC809 TF3 Ofi~tI Iiid BB~OT AZT