COM 0762.058 2004-2006 - Laserfiche WebLink

Home

PLAN TO PROTECT KONA 74-5602-A Alapa Street Suite 725 Kaih,a-Knna. 1-11 96740 May 17, 2006 Chair Stacy Higa and County Council Members 25 Rupuni St. Hilo, Hl 46720 RE: 6111246 Rloha Chairman Higa and Council Members! The changes In the Subdivision Control Code proposed by the Planning Director place historic and cultural sites at an even greater risk and needs to be defeated. Mr. Yuen says, in his letter of Rpril 27, 2066 to Stacy Higa, Chair and Members of the County Council: "If we were to fully implement the Leslie decision, we would, at least for subdivisions not having tentative approval, have to (1) re- examine each preliminary plat for all of the technical requirements, and (2) reject them and send them back to the suhdiuider when something was missing." PTP argues there are things that must be included at the time of preliminary subdivision approval. Rn eHample: I believe the State Historic Preservation Division's ability to effectively protect historic and cultural sites ends with tentative subdiuision approual. Rnd the County apparently depends entirely upon the SHPD for guidance, despite the PRSH and Kaupulehu decisions. Nowhere in Sill 246 is the requirement to identify historic and cultural sites and ancient trails at the time of preliminary subdivision approval. Mr. Yuen notes the waiver provisions for the final subdiuision plat affect only technical information, and the subdivider can still be made to correct discrepancies. But what happens when the developer destroys historic and cultural sites and ancient trails or prevents native Hawaiians from exercising their traditional rights under the State constitution? Protecting traditional and customary Z0 39Cd 00N L69GKE LE:TT 900E/LT/90