COM 0762.040 2004-2006 - Laserfiche WebLink

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DATE: May 1, 2006 TO: Councilman Angel Pilago Planning Committee Chairman FROM: Clarence A. Medeiros, Jr. & Nellie J. Medeiros SUBJECT: Bill 246 We would like to provide testimony in opposition to Bill 246 that proposes to amend Chapter 23, Subdivision Code, relating to information required for the submittal of a subdivision application. This bill seeks to absolve the Planning Dept of its longtime past practice of accepting incomplete subdivision applications which was found to be illegal by the Hawaii Supreme Court. The intent of this bill is no different than the bill that was recently brought before the State Legislature to "legalize" non-conforming agricultural subdivisions approved by the County, i.e., Hokulia, Hawaiian Ocean View Estates, Kona Acres, and Makalei Estates, to name just a few. That piece of legislation did not pass and Bill 246 should have the same fate. Bill 246 proposes changes that include giving the Planning Director the option of waiving some informational requirements which have not been enforced in the past. In our appeal before the Board of Appeals, BOA 04-013 & 04-014 Consolidated, opposing the tentative approval of the Ki'ilae Farms Subdivision development, the Planning Director testified that the past practices of the Planning Dept. have not been correct. It is because of these discretionary powers that the Planning Dept. finds itself processing hundreds of subdivision applications that do not have one or more of the informational requirements mandated by the Subdivision Code. The integrity of the subdivision approval process should not be jeopardized by making piecemeal changes to the code to remedy the Planning Dept.'s incorrect past practices and the Planning Director's discretionary powers. Another major reason given by the Planning Director for the proposed code changes is the possibility of legal challenges. This issue has merit because the legal challenges are already happening. I would like to cite one subdivision application out of the hundreds that the Planning Dept. is working on that has the potential to become a legal nightmare for the County - the Ki'ilae Farms Subdivision development. Only after the issue of title was raised did the Planning Director specifically request a complete title report for his review regarding the lands within the development area. Yet he granted tentative approval without even receiving the requested document, much less reviewing it. He relied on title insurance which is