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<br /> <br /> <br /> <br /> <br /> \ 1 t <br /> Margaret Whlle --w- <br /> 65-1316 Lihipali Road <br /> Kamuela Hawaii 96743 JU~+ Z <br /> Tel: 808 887 77419 Fax: 808.887.14 ! Q 07 <br /> Email: willem00l @ awii.rr.com, <br /> June 7, 2006 <br /> Honorable Stacy K. Higa, Chairman lj~Ett~ail and mail <br /> And Members of the County Council <br /> Hawaii County Council <br /> Hawaii County Building <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> Re: Bill 246: Subdivision Code: THANK YOU COUNTY COUNCIL <br /> Dear Chairman Higa and Members of the County Council: <br /> THANK YOU for making the revisions to Draft 2 of Bill 246, that resulted in Draft 5 of Bill 246. <br /> <br /> When I attended the June 5`" session of the County Council, I had no knowledge that there was a <br /> Draft 5 to Bill 246. While waiting to testify, I learned of the June 1" revised Draft 5. Because I only <br /> intended to speak about the importance of one section of the Subdivision Code that was to be deleted, I <br /> checked to see if Draft 5 would still delete that particular provision - Section 23-66 (7). When I saw that <br /> that Director Yuen still proposed to delete that particular code provision, I stayed focused on my plan to <br /> testify about the importance of retaining that section 23-66(7) based on the legal reasoning in the Leslie <br /> decision. While waiting to testify I did not further study the Draft 5 changes, other than to note that at least <br /> (and at last) there would be public notice of subdivision applications. <br /> I have now had the chance to review the changes that the Council, with the assistance of Director <br /> Yuen, made in response to the public comments on this Bill 246, and I want to belatedly acknowledge and <br /> express appreciation for these changes - which were substantial. In particular, I am referring to the <br /> substantive change to section 23-62(e). The Council's Draft 5 and final Bill 246 clarifies that even where <br /> there are omissions to the preliminary plat and accompanying information, there must be"... actual <br /> compliance with the substantive requirements of this [subdivision] chapter and chapter 25 zoning code." <br /> That change to the proposed Subdivision Code amendments, ensures that compliance with each substantive <br /> requirement of the subdivision code, and other related statutory and regulatory requirements, is enforceable <br /> as part of the subdivision approval process. <br /> I continue to encourage Director Yuen to carry out the underlying purpose of the now deleted <br /> subdivision section 23-66(7) by providing subdivision applicants a checklist of the subdivision criteria, <br /> including where applicable other statutory and regulatory matters that must be reviewed as part of the <br /> subdivision process, such as under a related rezoning ordinance, General Plan directives or future <br /> Community Development Plan requirements. (A very rough sample of such a compliance criteria checklist <br /> was submitted as part of my June 1" written testimony.) By providing, up front, such a compliance criteria <br /> checklist to developers, the Planning Department will ensure greater accountability and will make both the <br /> application and department review process more efficient. <br /> Again, I regret that I did not become aware of the section 23-62(e) revision in Draft 5 on June 5s', <br /> in time to publicly acknowledge the Council's substantive action when I testified. Hence: this belated <br /> statement of appreciation -to both the Council and to Planning Director Yuen. <br /> Z Sin ly, <br /> vw v <br /> cc: Planning Director C. Yuen " I Z- 76 <br /> Comm. No. y <br /> Ref. Tor <br /> Ref. Datee~r t 4 1_iJ11II <br />