COM 0358.003 2006-2008 - Laserfiche WebLink

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Question 3: SHOULD THE COUNTY COUNCIL. BE THE ENTITY THAT HOLD5 THE PUBLIC HEARING FOR DISCRETIONARY APPROVAL OF SUBDIVISION AND OTHER DESIGNATED DEVELOPMENT APPLICATIONS? In order to ensure accountability to the public, Resolution 158-07 proposes that the County Council, as a body of elected officials, hold the hearing for lazge subdivisions and render its decision in an ordinance. In Hawaii County discretionary review of significant developments by the County Council is particularly appropriate because the Subdivision Code, section 23-23 requires conformity with the General Plan and therefore also with applicable Community Development Plans.' Accountability to the policy courses of action in the General Plan is beyond the scope of the Planning Director's ministerial approach to subdivision review. If for whatever reason the Council is unwilling to take on this discretionary review procedure, at least the following procedure should be implemented. Instead, designate the planning commission as the agency board to hold the public hearing on subdivisions. The planning commission, is an agency board with representatives from all districts, aswell as ex-officio non-voting members from the public works and water supply departments. The board would heaz the public presentation, and review the development based on all relevant statutory and regulatory criteria as well as based on the pertinent "Courses of Action" in the General Plan and any community development plan. Following that hearing, the planning commission would publicly issue its advisory decision to the County Council and to the Planning Director. The Director would render a fmal decision based on the criteria in the subdivision code. The County Council would at least review that decision based on conformity with the General Plan, applicable zoning criteria, and other statutory requirements-such as for parks and public access to the beaches and mountains. The approval of both the County Council and the Planning Director would be required. Summary: I support Resolution 158-07, as an effort to establish (1) A process for discretionary review of subdivisions and other development approval, and (2) A public hearing as part of the subdivision approval process. PLEASE APPROVE RESOLUTION 158-07 AS SOON AS POSSIBLE. Thank you for your consideration. Margaret Wile ~ Section 23-23 of the Hawaii County Subdivision Code specifically requires that subdivisions shall conform to the County General Plan.