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~,.<x~.ww <br /> ~:•w <br /> - v: <br /> <br /> Harry Kun Christopher J• Yuen <br /> Mayor _ Direcror <br /> •'~~~OF'Mr~' Brad Kuroicawa, ASLA <br /> ~~1' t LEED®AP <br /> ~L121IYCf~? LXl ~2tfUMii DepuryDirector <br /> PLANNING DEPARTMENT <br /> 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 <br /> (808) 961-8288 FAX (808) 961-8742 <br /> - <br /> . , <br /> April 18, 2007 <br /> r`, <br /> Lincoln Ashida, Esq. <br /> Corporation Counsel <br /> OFFICE OF THE CORPORATION COUNSEL ~ ~ <br /> 101 Aupuni Street, Suite 325 , <br /> Hilo, HI 96720 <br /> Dear Mr. Ashida: <br /> SUBJECT: REQUEST FOR LEGAL OPINION ON COUNCIL DECISION- <br /> MAHING ON SUBDIVISIONS <br /> Enclosed is a copy of a resolution, along with a cover letter, sent to Council on March 30, <br /> 2007, by council chair Pete Hoffinann. This resolution is supposed to be heazd at the <br /> Council Planning Committee on May 1, 2007. <br /> The cover letter and resolution speak for themselves, but in essence, they propose that the <br /> subdivision code be amended so that at least some subdivision applications (those <br /> involving seven or more lots) would need to be approved by ordinance rather than the <br /> current process, which is administrative, with the Plarming Director issuing £mal <br /> approval. The resolution contains a draft of a proposed amendment to the Subdivision <br /> Code, and also asks the Planning Director to "prepare similar bills for ordinances to <br /> provide for a discretionary permitting process for applications for new subdivisions of <br /> seven or more lots...wherein the council is the final approving authority for such <br /> developments." <br /> This raises an important legal question about the division of authority between the <br /> council and the planning department under the Charter. <br /> Ordinarily, the council, as the legislative body, would have considerable latitude in <br /> deciding the relative roles and responsibilities of the council and planning department in <br /> the system of land use regulations, within the framework of the state enabling laws and <br /> constitutional limits. And clearly, the council has the power to change the basic criteria <br /> Comm. No. '3 3 <br /> Ref. To: PC <br /> Ref. Date.~_23-2007 <br /> Hawaii County is an Equal Opportunity Provider and Employer. <br /> <br />