REP PC 062 04/18/2006 2004-2006 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE: April 18, 2006 Re: Comm. No. 762Bi11 No. 246 PLACE: Council Chambers TIME: 1:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 246, reports as follows: Bill No. 246, transmitted by Mayor Harry Kim via Communication No. 762, dated Mazch 13, 2006, amends Chapter 23, Hawaii County Code 1983 (2005 Edition, as amended), relating to information required for submittal of a subdivision application, revisions to certain time and street requirements, and minor "housekeeping" changes to the Subdivision Code. Bill No. 246 legitimizes the practice of allowing detailed subdivision construction plans to be submitted prior to final subdivision approval, rather than at the time of preliminary plat submittal. According to the Planning Director, there are currently several hundred subdivision applications pending that "do not conform to the strict letter of the Code in all respects." The current amendments would validate these pending applications, as well as applications that were previously approved during the past several decades. The current amendments are largely in response to a recent Third Circuit Court decision in Leslie vs. Board of Appeals, which invalidated a subdivision that the County had approved without the information currently required in the Code. Bill No. 246 also amends Chapter 23, article 3, division 4, section 23-50, Hawaii County Code 1983 (2005 Edition, as amended), by eliminating current language regarding required grades and curves, and replacing it with a new statement as follows: "Grades and curves of streets shall conform to accepted engineering practice as determined by the director of public works." In addition, Bill No. 246 amends Chapter 23, article 3, division 4, section 23-66, Hawaii County Code 1983 (2005 Edition, as amended), by eliminating current language contained in subparagraph (3) relating to information regarding location of proposed utility connections and, eliminating subparagraph (7) relating to improvements to be made and approximate time of completion. Communication 762 reports that the Planning Commission voted to approve the proposed amendments to Chapter 23, Hawaii County Code 1983 (2005 Edition, as amended), at its public hearing on Mazch 9, 2006. At the April 18, 2006 Committee on Planning meeting testimonies from the public were presented at the Hilo and Kona Council offices. There were no testifiers at the Waimea Council office. PC REPORT NO. 62