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HomeMy WebLinkAboutREP PC 043 2018/01/03 (2016-2018) REPORT OF THE COMMITTEE ON PLANNING DATE: January 3, 2018 Re: Comm. No. 656/Bill No. 88 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 9:09 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Planning, to which was referred Bill No. 88, reports as follows: Bill No. 88, transmitted by Mayor Harry Kim, via Communication No. 656, dated December 12, 2017, amends Section 23-118 of the Hawai`i County Code 1983 (2016 edition, as amended), relating to Criteria to Determine a Pre-Existing Lot. Mayor Kim forwarded the Windward and Leeward Planning Commissions' favorable recommendation for this amendment to the Subdivision Code, which would add a criterion for determining a pre-existing lot. Planning Director Michael Yee and Deputy Planning Director Daryn Arai were present to answer questions. Director Yee stated that in 1999 the Planning Department took over the assignment of tax map key numbers from the State. He said it was a practice for people to present information to the Bureau of Conveyances and obtain tax map key numbers without going through a county subdivision process. This presented the problem of the Planning Department not having a record of the lot. So when asked to determine if there was a pre-existing lot, while the lot might be seen on a map, if it had not gone through a subdivision process, the Planning Department would not recognize it. Director Yee said that it was time to clarify by adding criteria to provide recognition of a pre-existing lot. Deputy Director Arai provided the historical background pertaining to the drafting of the bill. The first instance of subdivision of property on the island is on record to be 1944. However, prior to 1999, the management and planning of tax maps was handled on O`ahu through the tax mapping branch of the Department of Land and Natural Resources. The Planning Department took control of this function in 1999. To determine a pre-existing lot prior to 1999, the Code required proof demonstrated by a document recorded prior to 1944. The purpose of the bill is to provide a mechanism to determine a pre-existing lot on properties subdivided,in the period from 1944 to 1999. Currently, before platting a lot, the Planning Department verifies that the lot is supported by a subdivision action that was approved by the county and recorded, which reconciles the two instruments. PC Rept. No.: 43 PC-43 Page 3 January 3, 2018 Council Member Lee Loy inquired how the language in this bill addresses the land court properties that were given tax map numbers. Mr. Arai responded that land court ensures clear title, and the County has the authority to subdivide land, however, for land court property, title must be first be cleared by the state surveyor, then the County can assign tax map key numbers. Mr. Arai stated that the county's subdivision process is required regardless of whether the property resides in the land court or regular system. Once final subdivision is approved, the maps are filed by the applicant with land court, which goes through its process to ensure title and confirm that the boundaries are accurate, then the County assigns the tax map key numbers. At Ms. Lee Loy's request, Mr. Arai explained the process for consolidation and re-subdivision, and how the bill would affect those lots. The process would be the same, where the department would research the parcel history and if the lot is not confirmed by a subdivision process, the • owner would be asked for further documentation. Council Member David asked about documentation that needs to be provided in order for a lot to be recognized as a legal lot of record. Mr. Arai said that in addition to what is already in the code, documentation of title, old maps, old file plans, and State maps can be provided. He added that there was a State surveyor in Hilo and when the office closed, the State transferred all maps to the County and the information has been archived. He further stated that they look for partitioning of land and recordation of it where a government entity recognized it. Council Member Kanuha expressed confusion and requested further clarification on what a homeowner can do to apply for subdivision without clear lot determination. Mr. Arai responded that providing this exception it will help these applicants. Council Member Kanuha asked how many subdivisions and lots would be affected by this change, and Mr. Arai responded that the number is unknown; however, they have looked at all subdivisions that have been approved since the early 1940s and they been have plotted on the Geographic Information System (GIS). The GIS system provides a tool to highlight the maps to shows which lands are covered by an actual subdivision action. This does not mean that everything else is illegal. There is not enough information to determine whether or not the unmarked parcels it went through the process. If it was recognized by entity prior to 1944, then it would be accepted it as a legal lot of record. This analysis has been done for every lot in this County. Council Member Lee Loy asked if consultation was done with the title companies prior to this, and Mr. Arai stated that the ability of title companies to provide accurate information is based on how complete government records are. They department researches the land court or the Bureau of Conveyances. The title company is aware of the county's process. This proposal provides clarity. PC Rept. No.: 43 PC-43 Page 3 January 3, 2018 Ms. Lee Loy asked if owners will still be able to request letters of parcel recognition from the Director, to which Mr. Arai responded in the affirmative, stating that process will not change, and that this addition enhances opportunities for the Director to consider what can be officially defined as a pre-existing lot of record. Your Committee on Planning is in accord with the purpose and intent of Bill No. 88, and recommends its passage on first reading. wb AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID X COMMITTEE ON PLANNING EOFF X KANUHA X LEE LOY X 1� O'HARA X POINDEXTER x KAREN EOFF, CHAIR RICHARDS X PC REPORT NO.: 43 RUGGLES X ADOPTED: JAN 2 4 2018