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KIN 4J May 02, 2006, at 08:47:47 AM 1 Janice Palma-Glennie (808) 324-0093 Janice Palma-Glennie P.O. bm 48" Kailua-Kona, Hawaii "V-" T44W-324-0093 April 28, 2006 Re: Do not pass subdivision code changes that limit public input Aloha, Council Chair Higa and full council: I apologize that I could not attend today's hearing. I had work obligations which conflicted with the time of this hearing. The County's Subdivision Control Code has been violated for decades by developers and allowed to do so by the County). The Hawaii Supreme Court, in Leslie v. Board of Appeals, found that the county's practice and its interpretation of the law was "manifestly incorrect and unreasonable." Planning Director Chris Yuen proposes to amend the Subdivision Control Code to essentially over-turn the Supreme Court's decision in Bill 246. This legislation would give the planning director the sole discretion to determine what information a developer was required to submit prior to subdivision approval. No subdivision should be approved unless the county is assured that the project will not cause, or be impacted by, flooding, polluted runoff or falling debris. Planning Director Yuen does not agree. Sufficient information should be submitted to ensure that native Hawaiian rights and Public Trust resources are protected. Public access to the shoreline and mauka trails must be provided, and agricultural land should not be used for urban development. Complete information is imperative if proper land use decisions can be made by planners. This is particularly true given that thousands of acres of land were zoned decades ago. Since then, scientific knowledge and community values have evolved. The subdivision process should insure that subdivisions protect public health, safety and welfare. Waiving subdivision requirements to Comm ~ 76 Z. Ref. To. frw fK Ref. Date