Loading...
HomeMy WebLinkAboutCOM 0656.000 2016-2018 °: ��oF�, ,'' Wil Okabe R 4 ,-I Managing Director Harry Kim *�Rr1��"� ��1* Mayor - "'�'� _ i = Barbara J.Kossow ,'. ?Pi".......H'�:......' Deputy Managing DirecI �Tf • Codi iif Ratintri Offir d RAX 1Qr ©C 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 . -�- KONA: 74-5044 Me Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 meow —_ December 12, 2017 • Valerie Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Council Chair Poindexter and Members: SUBJECT: Planning Director Initiated Amendment to Chapter 23, (Subdivision Code), Hawaii County Code 1983 • (2016 Edition, as amended),Articles 11, Section 23-118 Relating to Criteria to Determine a Pre-Existing Lot As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above-referenced request. Sincere y, /6tAriv.1 HARRY KI Mayor MTransCounc i1PD InitiatedPreexistinglot Enclosures Comm. cc: Planning Department Ref. To: Ref. Date DEC 1 9 2017 l� gg7 County of Hawaii is an Equal Opportunity Provider and Employer. Gregory Henkel, Chair Harry Kim , �''' : Joseph Clarkson,Vice Chair Mayor •• .:4N▪ -"'N-_-•t",./.'� . • .�.� Donn Dela Cruz Donald Ikeda + :' • r�TEOFN0'• '�' Myles Miyasato Thomas Raffipiy County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 NCO-2 Valerie Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street • Hilo, HI 96720 Dear Council Chair Poindexter and Council Members: SUBEJCT: Planning Director Initiated Amendment to Chapter 23, (Subdivision Code), Hawaii County Code 1983 (2016 Edition, as amended), Articles 11, Section 23-118 Relating to Criteria to Determine a Pre-Existing Lot The Windward Planning Commission, at its duly held public hearing on November 2, 2017, considered the above-referenced request initiated by the Planning Director for an amendment to Chapter 23 (Subdivision Code), Article 11, Section 23-118 of the Hawaii County Code 1983 (2016 Edition, as amended), relating to the criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation and a draft transcript of the hearing for your information. Sincerely, Gregory Henkel, Chairman Windward Planning Commission Lpdinitiatedcriteriaforpreexistinglotwpc Enclosures cc: Planning Department—Kona Hawai`i County is an Equal Opportunity Provider and Employer • • Harry Kim °��Y of H, '�� Keith F. Unger, Chair Mayor ,�,,�;�.41 4. Collin Kaholo,Vice Chair '' • '} Nancy Can Smith '- Scott Church If + .4 ,TE(3;.Ag'," Perry Kealoha Barbara Nobriga Oliver"Sonny"Shimaoka County of Hawaii LEEWARD PLANNING COMMISSION DEC 1 2 2047 Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 ! Phone(808)961-8288 • Fax(808)961-8742 Valerie Poindexter, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 • Dear Council Chair Poindexter and Council Members: SUBEJCT: Planning Director Initiated Amendment to Chapter 23, (Subdivision Code), Hawaii County Code 1983 (2016 Edition, as amended), Articles 11, Section 23-118 Relating to Criteria to Determine a Pre-Existing Lot The Leeward Planning Commission, at its duly held public hearing on November 16, 2017, considered the above-referenced request initiated by the Planning Director for an amendment to Chapter 23 (Subdivision Code), Article 11, Section 23-118 of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to the criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is attached for your favorable consideration. We have also enclosed a copy of the Planning Director's Background and Recommendation and a draft transcript of the hearing for your information. Sincerely, ,77- I1 Keith F. Unger, Chairman Leeward Planning Commission Lpdinitiatedcriteriafo rpreex istinglotlpc Enclosures cc: Planning Department—Kona Hawai`i County is an Equal Opportunity Provider and Employer BRPDlnitiated-Pre-existing Lots.doc 9/29/17 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 23 (SUBDIVISION CODE), ARTICLE 11, SECTION 23-118 RELATING TO CRITERIA TO DETERMINE A PRE- EXISTING LOT The Planning Director has initiated the following amendment to Chapter 23 (Subdivision Code), Article 11, Section 23-118 of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. BACKGROUND Hawai`i County Code (HCC) Chapter 23, Subdivision, Article 11, Section 23- 118, Criteria to determine a pre-existing lot of record within Hawai`i County needs to be expanded to reflect how real property ownership has historically been conveyed within the County and the State of Hawai`i. The past practices of the State Department of Land and Natural Resources' Bureau of Conveyances (BOC) and the Registrar of the Land Court with regard to the methods of recording land ownership documents has not always been consistent with HCC Chapter 23, Subdivision and its predecessor ordinances. Prior to the mid to late 1990's, it was a simple matter of presenting properly prepared deed documents and/or survey maps to the appropriate recording agency for recordation and subsequent inclusion on the tax map plats with individual parcel numbers, without confirmation that such recorded instruments were based on subdivisions approved by the County of Hawai`i. This practice ended when the County of Hawai`i became the custodian of the tax map plats about April, 1999 and subsequently, the issuer of tax map parcel numbers for newly created lots. Through historical documents from the State Surveyor's Office, County Real Property Tax Office and the Department of Taxation Property Assessment Division, it is found that these lands so recorded have been platted, assigned respective TMK parcel numbers, documented in the tax maps, and individually assessed for real property tax -1- purposes since said recordation, even though an unknown number of these lots were never a part of a County approved subdivision. Additionally, these lots have, in good faith, changed ownership one or more times; undergone consolidation and/or subdivision actions; and building permits for dwellings and other structures have been issued for many of them. Under these circumstances, the Planning Director has determined that it may be in the best interest of the innocent, grantee property owners, including successor interests, that these lots so recorded, but never approved by the County through subdivision, also be recognized as "pre-existing lots" of record. The current Subdivision Code recognizes "pre-existing lots" where, through certain, defined criteria, documentation of its existence as a legal lot of record can be provided. However, the department has encountered many "existing lots" noted on tax maps that never secured Hawai`i County subdivision approval, but have been taxed and inadvertently recognized as buildable lots until it is discovered that no subdivision approval or other "pre-existing" criteria was secured. PROPOSED AMENDMENTS This bill is initiated by the Planning Director to add an additional criteria to determine a pre-existing lot of record as follows: "Section 23-118. Criteria to determine a pre-existing lot. (c) The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded at the State of Hawai`i Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawai`i Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes_" RECOMMENDATION For the reasons detailed above, the Planning Director recommends that the Leeward and Windward Planning Commissions send a favorable recommendation to the Hawaii County Council regarding this bill adding a criteria for determining a pre-existing lot of record. -2- •aiquiai os aq pa.zuioap aTu aouuuTpio sTTiu jo suoTstnoJd alp 'pug slip. puu `uogeoTiddu JO MOTSTAO_1d pHuAu!alp TnOLmM i.00JJa LTaAT2 Oct uuo gomm aOumuTp.To amp LTOTTLOTiddd' JO SUOTsTAOJd JOTO TOOJIB TOU HMIS ATTptiunuT Lions `ptiunu!Nog si aouuisuznoiio Jo uos.zad Auu o� joauoq uoquoTiddu am JO 00ueutp10 sup jo uotsTnord/cue jI •AJTITguJanas '£ MOL 3 S •papni0ut ag lou po u &uuoosJapun oq `aouuuTpJo su.p 2uTTuud ui •pa.zoosJapun st iupoluu'MON 'Z 1\10L13aS •sasodznd uoRexui.Apado.id poi JoJ passassu AiirnpTATpuT sum puu `.ojaaaLp iaquznu iao.zud dew xuu panssT SEM `dew xuZ i,iL'MLH Jo ATunoD uo popIdap ATTuanbasgns sum puu `6661 `I AuJAJ o}iouud pno0 puug amp J1J1sTffaj alp LTTTM Jo SaouuAaAuoD Jo riming I,tuMuH Jo owls alp T13 papiooa.z sum poop Lia1LJM Tstul s,imuuz2 u Jo JoiuuJ oq uuti.Jaw oa uuJE of loi Lions Jo dTgsloumo aiduzis OOJ 1o1 1u-id uolsTATpgns io/puu poop paiudaid Apodoid u Jo aouappno gfna.up pOTuOJO sum To oti j, (o) •aoui uip.To t1luno0 Tuuns.Tnd SOJOi /TUOMT Jo SSOOxa uT TOT iuinlin0 u uu Su '9961 `iZ ioqutaoaa loud paluaJo sum.TOT aqi (q) pun aiu.Tudas su '812,61 `g 1.Tunuur aoiTs pasuai Xisnonummo uaaq suli Jo `2uiiiamp Taal sutmuoo Toi pasodoid 0TiT 'NUE `SZ iaqutaldas uo puu `iaquznu 3iooiq zo Jaquinu To'iq asuai JO DIES alp 2uTTuiaOJ saT.fTuTs iui.1°11110,1, 2uTpnioui `aputu uagim sMui aiguaiiddu lot. o iiu Liam poTiduzoo LioILJM asuai u 10J Tdaoxa asuai u uodn pasug pazTu2ooa.z act'Rugs poi OuITSTxa-aid ou }uLiT papinozd `paTupgosuoo Aiiu2oi uaaq JOAOU pug TOT OqT puu `£L6I `I Icin f (N..zoud (uompucl •0•a) JapJo .Tnoo Ligno.up paTu0JO sum TOT am JO M761 `ZZ JoquzanoM OT loud papiooa.z puu pOTuOJo sum TOT TiaL (u) :uuoTT.zo 2UTMoiioi amp Duo sworn Toi 0q JT 2uTTsTxa-aid ST 1oi Tapp I J!T.Tao Hugs JOTOaJTp oq lot tupsixa-aid i aupuiaaap ui.ia1PD •sii-£Z uomas„ :smoiioJ su puoi OT papuoiu ST (papuotu su `uompg 9Ioz) £861 apo) A}uno) T,1uMuH°Thio `8T T- Z uoiloas `i i 0[0P-TP `£Z JOTdu1J) 'i NOIJ,23S :I,IVA1VH 30 AIMI103 HILL 30 rIIDNII1OD am, All (1 MIV(RI0 II au ',LO'I DNIIISIXa-a2Id V amtha IJ,2Q OZ VRI1,LRID OZ `((1 L([ TWAIN SV `NTOI.LIQa 910Z) £86I 3QOD A NIf101 I,IVA VH SHL d0 81I-£Z MOILD}S `ii frI3I1lV `£Z 111dVHJ DNIIQMaIAIV aDMVNIQ?IO NV 'ON LLNVNI0[UI0 C• e °9(WA d) 'ON TrIIS • AL.. '• I,IVMVH IO 31V1S # � ' ��;.. - I,IVMVII 3O AIMIlOD ��N do ASM • • r t SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1St Reading: Date of 2nd Reading: Effective Date: 2 Amendment to Chapter 23 (Subdivision Code), Article i1, Section 23-118 relating to criteria to determine a pre-existing lot • The purpose of this bill is to add a new criteria to determine a pre-existing lot. Specifically, the new criteria will recognize as a "pre-existing lot" those lots that were never approved by the County through subdivision, but where documentation as a legal lot of record can be provided. The new criteria is: "(c) The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded at the State of Hawaii Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawaii Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes." 1 Exam lesofSubdivisionsAffectedbyProposed Code Amendment .„.., , ,,,,,,,-,,,,,..........„:,..,,.. ,.....,,,.., ..... s 0 Situ -_._. "" -- „. ,- __ „_ _, __ _ , , „„--,,,,, , , ___, - " , , ,,.. _„,... Orchid Isle Estates created in 1 61 byII( ` ' 9 t r t� r r � 7 s I.,r z air yj et: • •g. E j • F"�,tr I submitting File Plan to State Bureau of a t • a = ; Conveyances • ..._ ,ytr 1 .r I'll r 4 „!..,.......,,.p `X 4 - 1 �r n r 1x Y � hmss •2 , i C r •--, ---:,---2,•x R . _.a J_ 3�"�a I. •.1:...« i N. ; .ui lis RFS A ip�•e ”- 1 , V < c a 1 \ , c • 11_„!,,!.....1,1 y :. - .. - __ r a ,=,`.., (hereby eerfi{y}ha+the description oFsurvot�and Sate or Hawaii i n I= : ' - + ', , ' t � • r� `ti, ORCl4/D ISLE ESTATES map heroon have been examined and chocked ae io ;{x�of �' _ - - - _ corm and mathematical correctness but not on the Bureau of Conveyer-teas II; ) 1 - ; _ SUBDIVISION UNIT_I ground and+he sane is approved in accordance with Received fib,.{Hing}hie 19r�day o{ •-- ti • - x } - / 1� Y __ 9ec}ione s43-11,12 and 19 of the Revised Laws of Jess. April A.D.19 1 x+10:91 A.M. • i�: -T,,,,,!, r d -' • I' a . -- - '' -� Henolulu,Hswai i. and coed in file No.71'7 ' i t 7 a �� - - t 2 x -t ri -i o_na 1u.97/171;o :.u.n 8uF-veyor, State of'Hawaii. CLY.s....at./t a...:— t i .. t J li.. r r-r , w s s. ,. [.. Registrar of Conveyances. - ri :.- • t 'Ys i > ;t «.4 x • • u 6 r e J t 1 • i t . 2 .,. • 3 e r 1 x JJ ..i ..s. Nmtl yy u ; i u t i -0 • Examples of Subdivisions Affected by Proposed Code Amendment ,__. testi1 KALOKO II 52/SD/V/S/ON Kaloko II Subdivision created in 1989 by submitting File Plan to State Bureau of Conveyances `..` SUBDIVIDED INTO LOTS /TO/O,INCLUSIVE, 40405'SE AND B" ,....e.--- \ AREA• 74 000 ACRES \\ I hereby certify that 4-he description of survey and ;+" w map hereon has been exarmned and checked aato form \., and mathematical correctness but not on theground ' `ei _.. and theearn17 e is approved in accordance with Sections 502- , ,,,\\ 'y ._- 19 and IS of the Hawaii Revised Statutes ` f; Honolutu,Hawaii � 3 _.„. Mi. .. ._.. May 15,ISOS (2./..t., / � .• ,. State Land Surveyor '1/4, jr- .,..... State of Hawaii i' •' Office of „-N„ _ -- .__. Bureau of Conveyances .r=_.,"........«. received for411ing this t69day of ........--,--....-_.”,,, -'f '.:,:t.- May A n.toe.,at%,32 A.M. —\ ^ and Bled in Fife No.t958 .., •-xe registrar of Conveyances . .,_.... ---..---:::::—.-..--::::,r--- • _.,... ......v. Planning Director Recommendation Forward a favorable recommendation to the County Council for the proposed amendment to Chapter 23 (Subdivision Code). WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 2, 2017 A regularly advertised hearing on the Planning Director Initiated Amendment to Chapter 23 (Subdivision Code), Hawaii County Code 1983 (2016 Edition, as amended) Article 11, Section 23-118 was called to order at 10:14 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Joe Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, and Myles Miyasato. ABSENT & EXCUSED: Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow.(Planning Program Manager), Maija Jackson (Planner), Christian Kay(Planner), Shancy Watanabe (Planner), and Sarah Hata-Finley(Commission Secretary)., And 3 members from the public in attendance INITIATOR: PLANNING-DIRECTOR An ordinance amending Chapter 23 (Subdivision Code), Hawai`i County Code 1983 (2016 Edition, as amended), Article 11, Section 23-118 relating to criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. HENKEL: If everybody's good to go, we'll-move on:to Agenda Item No. 3 which is initiated by the Planning Director on ordinance amending Chapter 23, Subdivision Code of Hawaii County Code 1983;(2016 Edition, as amended), Article 11, Section 23-118 relating to criteria to determine a pre-existing lot,and Maija will present. JACKSON: Thank you, Mr. Chair. Good morning, everyone. The next item on the agenda is a Planning Director initiated amendment to the Subdivision Code, specifically to Article 11, Section 23-118 relatirg,to the criteria to determine a pre-existing lot. The purpose of the bill is to add a new criteria to determine a pre-existing lot. Specifically, the new criteria will recognize as a pre-existing lot those lots that were never approved by the County through subdivision but where documentation as a legal lot of record can be provided. So, the Director's proposing this new Criteria C which states, "The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded at the State of Hawaii Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawaii Tax Map, was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes." 1 And, so I have an example of two cases of many where this has occurred. This one is in East Hawaii, the Orchid Isle Estates Subdivision which was created in 1961 by submitting a file plan to the State Bureau of Conveyances. This file plan was never submitted to the Planning Department for approval. And, you can see it's a little hard to see, but it's a very large subdivision, and you have a State surveyor's office that signed the file plan as well as the Bureau of Conveyances signed in 1961 showing that they received the filing. So, these lots in the subdivision were essentially created by this file plan being submitted to the Bureau of Conveyances.,:: Another example is in West Hawaii. This is the Kaloko II Subdivision mauka of Kaloko Drive, and this subdivision was created in 1989 by the same method Basically, the surveyor created the subdivision and certified the subdivision and then submitted it-to the the Bureau of Conveyances to be filed and recorded. So, the new language would just simply recognize all of those lots that werecreated without the Planning Department approval of the plat, and the Director is recommending that you send a favorable recommendation to the County Council for this amendment. I would be happy to answer any questions.. We also have Susan Gagorik and Jonathan Holmes from our Administrative Permits Division. They can answer any questions as well. They process all the subdivisions in the Planning Department:... HENKEL: Any questions? CLARKSON: Yeah, I can see how a 1961 subdivision might have slipped through the cracks of the County Planning ordinances,but 1989? _I mean, could this, could that happen again where somebody just submits a survey to the Bureau-of Conveyances and subdivides a parcel without ever going through a subdivision process? JACKSON: No, the main reason it happened up till 1999 is because May 1St, 1999, is when the Planning Department took over tax mapping and so once that occurred, the, the subdivisions weren't assigned a tax map unless the Planning Department assigned a tax map to it. And, so obviously, we wouldn't assign it, assign a tax map number unless the County had reviewed and approved the subdivision.-And, so that's why up to that date, those file plans had been submitted to Bureau of Conveyance[s]: HENKEL: I have a question. JACKSON: Did that answer your question, Commissioner Clarkson? CLARKSON: Well, not really. JACKSON: Okay. 2 CLARKSON: I mean I did a subdivision along with another family member in 1988, and we had to go through the Planning Department. JACKSON: Okay. CLARKSON: We didn't just make a survey and record it. JACKSON: Okay. Maybe Susan or Jonathan could respond to your direct inquiry much better than I could. GAGORIK: Good morning, Mr. Chair and members of the.Commission. My name is Susan Gagorik, and I'm the manager for the subdivision, administrative permits and subdivisions is under our section. So, what happens, what has been happening lately is that we get requests from applicants saying can you tell me whether this lot is a record, you know, a legitimate record. And, normally, this happens before someone may decide to sell their property, and when they sell their property, they get a title search. So, the title search company will look through all the records for that particular property, and they'll find that there is no subdivision number for that property because when we approve a subdivision with our=department, we issue a number, a final number. And, that final number becomes the record for a legitimate property. So, if it doesn't show up in that search process, that's how we find out about something. And, so through our process, we would then document in a letter back to the applicant whether we had a record or not. And, so normally, that's usually when you find out that the process has not been followed. I don't know if that answers your question or if it's, you know, still a little vague, but we're the central depository, and before, it was a surveyor's office, and they went through the process and nobody, you know, they didn't check with us until we took over the mapping process in 1999. So, then the process then comes tous all the time. HENKEL:-=I'm sufficiently confused-. Orchid Isle Estates, is that, that's an established subdivision or is it like a, one that was proposed in '61 and . GAGORIK: Maija mentioned it never came through the Planning Department although there was someone that created the file plan, and they filed it with the surveyor's office, the State's surveyor's office at that time, and then it went to the Bureau for recordation. HENKEL: Have they been paying taxes on these lots? GAGORIK: Yes. So, this is a situation where you see all the conditions that are listed now that are proposed? These individuals have a tmk. They have been paying taxes. Probably the lots have been sold multiple times to different people and it's been recorded again. So, the individuals that now own the lots say, you know, am I not a lot of record? Right? All of these things have happened over the years. So, we are saying, we would like to acknowledge the fact that these property owners have paid taxes. They were under the assumption they were a legitimate lot of record, and they sold properties, you know, so things have occurred that make it 3 seem like it is a lot of record through the Planning Department even though we don't have a number to say that it was a legitimate subdivision. HENKEL: Okay, I'm a little more understanding now. I mean, I was wondering if there's such a place as Orchid Isle Subdivision. That's up near Volcano, I think, right? Orchid Isle Subdivision. GAGORIK: It's further, yeah, going up— HENKEL: —And they've been paying taxes. There is some development even though it's probably substandard. GAGORIK: Yeah, right. HENKEL: Like the other 1960's subdivisions. And they have a road maintenance corporation probably? GAGORIK: Probably, most likely they'll have a road maintenance. And in the last maybe six months or so, we've had multiple requests from individuals where they will ask uscan you determine if this is a lot of record, and when we go through all our files, we don't have any legitimate subdivision and we see that these individuals have-it's been owned by multiple people, there was a building permit taken out on this, they've been paying taxes all these years, and we actually had to say no, you're not a lot of record! And, it hurts us, too, as a planning department, but we have to follow the law, and that's why we wanted to add these conditions so that it would recognize those lots that are under these circumstances. CLARKSON: Well, what is a lot of record then? I mean, obviously, the Tax Department thought they were a lot. The Building Department thought they were a lot. The State thinks that they're a lot, the Bureau of Conveyances. What, what do they—so, the only difference between a lot and a lot of record is one that has a number assigned by the Planning Department? GAGORIK:. And, there are other situations that are explained in this section of the Code also. Prior to the Subdivision Code becoming approved as through ordinance, there was a Traffic Commission way back in the forties that was under the Department of Public Works, and they approved subdivisions. So, there are some records with that, that we can go back to, but we don't have a complete record which is why we included that section to recognize that there may be some lots that were created before the Subdivision Code. But people have to come to us with background information to support their request that it would be a lot of record, and they usually have some deeds and things of that sort to recognize that the property had existed. CLARKSON: One more question. Then, why, why is it bad if you can sell it, you're getting taxed on it and all that other stuff, why do people need it to be a lot of record? Why do they want that title added to their property? 4 GAGORIK: Because it's the legitimate process for recognizing your lot. It's part of the ordinance process today that if you have a property, and you would like to subdivide it into two lots, you'll need to legally go through a subdivision process. HENKEL: Any more questions? Thank you, Susan. GAGORIK: Okay. YEE: Quick comment. I just want to compliment the Planning Department. This was a multi- team effort from Susan, Jonathan, Daryn to Jeff s team in puttingforth this recommendation and change. They could have certainly continued to do things for decades like they have been been doing but finally found the, you know, effort to go forth with_this, so I appreciate the effort. CLARKSON: Are you going to go back and assign numbers to all=of these or just on a case-by- case basis as requested? GAGORIK: It is on a case-by-case basis based, especially the individual requests that come in by letters today when an individual comes in and says can you`_tell me whether I have a lot of record. We will go through that research process, determine-whether they fit the,criteria that we have today, and then, then the individual will then need:to seek an attorney to help them in drawing up, you know, the legal document to say that it is-a legal lot of record. HENKEL: Thank you. I have no one signed up to testify on this:"agenda item. Is there anyone out here that would like to testify? If not, I would look.for a motion to close public testimony. MIYASATO: I make_a motion to close public testimony. IKEDA: Second;- HENKEL: It's been moved and seconded to close public testimony. All in favor say, "aye?" COMMISSIONERS: Aye. HENKEL: What-did I say all opposed? HALL: Any opposed? HENKEL: All in favor, any opposed? Okay, thank you. I'm getting old. Then, a motion to action. MIYASATO: Chair, I make a motion. I move that a favorable recommendation be forwarded to the County Council on the ordinance amending Chapter 23, Article 11, Section 23-118, adding criteria for determining a pre-existing lot of record, be approved based on the Planning Director's recommendations and findings which shall be adopted. IKEDA: Second. 5 HENKEL: It's been moved by Commissioner Miyasato; seconded by Commissioner Ikeda. Could we vote, please, Maija? JACKSON: Yes. Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Clarkson? CLARKSON: Aye. _ JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: And, Chair Henkel. HENKEL: Aye. JACKSON: Okay, the motion carries. The discussion ended at 10:29 a.m. - - Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT NOVEMBER 16, 2017 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED AMENDMENT TO CHAPTER 23 OF THE HAWAII COUNTY CODE,RELATING TO CRITERIA TO DETERMINE A PRE-EXISTING LOT was called to order at 9:54 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i, with Chairman Keith F.Unger presiding. COMMISSIONERS PRESENT: Keith F. Unger,Nancy Can Smith, Collin Kaholo, Perry Kealoha, Barbara Nobriga and Sonny Shimaoka ABSENT AND EXCUSED: Scott Church ALSO PRESENT: Malia Ho (Counsel for the Commission), Michael Yee (Planning Director), Susan Gagorik(Planning Program Manager,by phone), Jeff Darrow (Planning Program Manager), Maija Jackson(Planner), Shancy Watanabe (Planner) and Noriko Sauer(Commission Secretary) And two people from the public in attendance. INITIATOR: PLANNING DIRECTOR An ordinance amending Chapter 23 (Subdivision Code), Hawai`i County Code 1983 (2016 Edition, as amended), Article 11, Section 23-118 relating to criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. UNGER: Agenda Item Number 2, Initiator Planning Director, an ordinance amending Chapter 23, Subdivision Code, Hawai`i County Code 1983, 2016 Edition, as amended, Article 11, Section 23-118 relating to criteria to determine a pre-existing lot. The purpose of this ordinance is to add a new criteria to determine a pre-existing lot. Ms. Jackson? JACKSON: Thank you, Chair Unger. Good morning, everyone. COMMISSIONERS: Good morning. JACKSON: So the next item on the agenda is a Director initiated amendment to the Subdivision Code, and I'm going to do a very brief presentation, but then we also have Susan Gagorik on the phone from Hilo. She is the manager of the division that processes all of our subdivision actions, and so she can answer any technical questions that you have about the proposed amendment. So the Director is recommending this amendment to add a new criteria to determine a pre-existing lot. And just as a little background, prior to the late 90's a landowner could have a survey map drawn up and deed documents and provide that to the Bureau of Conveyances or the Land Court, and then the, it would be recorded, tax map numbers would be issued, and those lots could be sold, and that whole transaction was never reviewed by the Planning Department and it was never 1 DRAFT reviewed against our Subdivision Code requirements. So in 1999 the Planning Department took over the responsibility doing all the tax-mapping, and so a new tax map number for a new parcel would not be issued for a subdivision unless the subdivision had undergone Planning Department review against our Subdivision Code. So the purpose of this amendment is to recognize all those old lots that were created the old way prior to 1999. So the specific language that we are recommending is, "The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded at the State of Hawai`i Bureau of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and was subsequently depicted on a County of Hawai`i Tax Map,was issued a tax map parcel number therefor, and was individually assessed for real property taxation purposes." And I think,we have a few examples of subdivisions that were created that way—oops, let's go back—we have one in East Hawaii, it's called the Orchid Isle Estates, it was created in 1961, there are several lots, it's a very large subdivision, and it was created by the landowner submitting a file plan to the State Bureau of Conveyances. And the print is really small,but you can see here that a surveyor signed off on the creation of the plat, and then, or, I'm sorry, the survey map, and then the Bureau of Conveyances signed off on the recordation of the subdivision. So this subdivision never came to Planning for review or approval. The second example is Kaloko II Subdivision,which was created in 1989 the same way; the landowner submitted a file plan to the State Bureau of Conveyances, this is a smaller subdivision. But there are several lots throughout our island that were created this way. The Planning Director is recommending a favorable recommendation to the County Council for the proposed amendment to Chapter 23. And Susan'or I would be happy to answer any questions that the Commission has. UNGER: Great. Thank you. Commissioners, are there any questions for the County? I had a question, and,-Susan, maybe you could help me answer this. This is Commissioner Unger, Chair Unger. I understand the concept,I'm a little confused on the wording, and I'll read it again, "The lot was created through evidence of a'properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee," and this part I'm a little confused on, "other than the grantor or a grantor's trust which deed was recorded ...." Can you explain that verbiage there? GAGORIK: Good morning, Commissioner Unger. This is Susan Gagorik and I am the Administrative Permits Division Manager. Let me just read this through again one more time, "The lot was created through evidence of a properly prepared deed and/or subdivision plat for fee simple ownership of such lot to a grantee other than the grantor or a grantor's trust which deed was recorded ...." Yeah, so in some instances the grantee[sic] may have given the property to someone else whether it be a family member or someone within, you know, relationship to the grantee[sic], so it could have been given to another individual. UNGER: So you are saying that covers that situation. GAGORIK: Right. UNGER: Oh, okay, okay. 2 DRAFT GAGORIK: Yeah. UNGER: Great. Thanks. Are there any other questions? Commissioner Carr Smith. CARR SMITH: Yes, I was just wondering what some of the differences are in how the subdivisions are looked at now and how they were then. Are there any concerns that the Planning Department or anybody has to be aware of for these old lots that didn't come through the Planning Department? Does that make sense? GAGORIK: When a lot is determined to be a pre-existing lot of record, this means it did not go through the formal subdivision process. So there would not have been any requirements in terms of infrastructure imposed on the particular request, or subdivision; whereas today if you go through the formal process of requesting a subdivision for a parcel, then you have to go through a formal review with all of the agencies chiming in in terms of what their infrastructure requirements would be. CARR SMITH: Right, okay, I understand that. So there is no liability or anything that the Planning Department is concerned about for any unknowns on those old parcels. GAGORIK: Yeah. CARR SMITH: Thank you. GAGORIK: Min-hmm. UNGER: Any other questions? Thank you, Ms. Jackson. Again, I don't see anybody here from the public to testify, but for the record I do want to show that it was open for public testimony and we are now closing it. Can I have a motion from a Commissioner,please? NOBRIGA: So move. KAHOLO: Second. UNGER: We have a motion from Commissioner Nobriga, second by Commissioner Kaholo. All in favor? COMMISSIONERS: Aye. UNGER: All opposed? [None.] Motion passes,public hearing is closed. At this time I would like to ask for a motion. SHIMAOKA: Yeah, I move that a favorable recommendation be forwarded to the County Council on the ordinance amending Chapter 23, Article 11, Section 23-118— NOBRIGA: Second. 3 DRAFT A r SHIMAOKA: —adding criteria for determining a pre-existing lot of record be approved based on the Planning Director's recommendation and findings, which shall be adopted. UNGER: Second? We have a motion by Commissioner Shimaoka, second by Commissioner Nobriga. The floor is open for discussion. Hearing no further discussion, can we have a roll call, please? JACKSON: Yes. Commissioner Shimaoka? SHIMAOKA: Aye. JACKSON: Commissioner Nobriga? NOBRIGA: Aye. JACKSON: Commissioner Carr Smith? CARR SMITH: Aye. JACKSON: Commissioner Kaholo? KAHOLO: Aye. JACKSON: Commissioner Kealoha? KEALOHA: Aye. JACKSON: And Chair Unger? UNGER: Aye. JACKSON: Okay, the motion carries, six-zero. UNGER: Thank you. Thank you, Susan. GAGORIK: Thank you. The discussion ended at 10:26 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission 4 DRAFT