COM 1033.002 2004-2006 - Laserfiche WebLink

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Page 1 of 2 Mitchell, Megan From: Council Testimony [counciltestimony@co.hawaii.hi.usl Sent: Tuesday, September 19, 2006 7:57 AM To: Mitchell, Megan Subject: FW: Testimony on Bill 328 From: Charles Flaherty [mailto:oneheart@aloha.net] Sent: Tuesday, September 19, 2006 12:44 AM To: counciltestimony@co.hawaii.hi.us Cc: 'Virginia Isbell'; 'Bob and Julie Jacobson'; Pilago, K. Angel; Hoffmann, Pete; Arakaki, James; Higa, Stacy; Ikeda, Donald; Holschuh, Fred; Safarik, Gary Subject: Testimony on Bill 328 September 19, 2006 Re: Bill 328, AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 Aloha Mr. Chair and members of the County Council Planning Committee, I am testifying in favor of referring Bill 328 to the Planning Director for administrative review and public hearings. I believe that Section 1, "Findings and Purpose" are a sufficient statement of condition warranting the proposed legislation, except that (b)(5) should read, "Provide for the preparation of a public facilities improvement plan to fund, achieve, and maintain [estetbiished] county-wide levels of service required by this chapter. In association with the following sections, I make these requests at this time: "Applicability of General Plans.". Expand to specifically include community development plans as these will become ordinances and are included in the stated purpose of this chapter. "Authority.". Research to determine that this is sufficient enabling legislation. What if the State LUC allows for a district reclassification while County levels of service are inadequate? "Applicability of this chapter.". Add: "New development" shall include any new application under Chapter 23 and Chapter 25 from the effective date of this chapter. "Establishment of Levels of Service Standards." Levels of service should be defined, determined and fixed by this Council and executed by the Administration accordingly. Using the word "acceptable" within the legislation is ambiquous since traffic level of service "C" is "acceptable, for instance. While I agree that this Council should refer to the Planning Director for purposes of developing this legislation, giving the Planning Director the legal authority to determine levels of service within this legislation could allow a legal argument that it is arbitrary. This would be especially true if successive Planning Directors make differing determinations as to what is an "acceptable" level of service or if any Planning Comm. NoAPA3 -.71- Ref. Tolr 9/19/2006 Ref. Date 50 19 200 .