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HomeMy WebLinkAboutCOM 0603.002 2012-2014 MtVOFk Walter K.M.Lau •• ��'� Managing Director William P.Kenoi '• '+ Mavor ;;•� Randall M.Kurohara '•� ar� De utv Managing Director pF N� P g g County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 KONA. 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 Fax(808)323-4440 t7 CQ May 2,2014 <—� CO -G J Yoshimoto, Council Chair and Members of the County Council y7c County of Hawaii 25 Aupuni Street Hilo,HI 96720 Dear Chairman Yoshimoto and Members: SUBJECT: County Council Initiated(Bill No. 182) Amendment to Chapter 23,Article 4,Division 1, Section 23-61 of the Hawaii County Code 1983 (2005 Edition,As Amended)relating to Site Visits for Applications for Subdivisions As required by Chapter 7, Sec. 6-7.5 (a),Hawaii County Charter,transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letter and enclosures regarding the above-referenced request. Sincerely, William P. Kenoi Mayor Enclosures cc: Planning Department Comm. No 3-_2 Ref.To:_ P G County of Hawaii is an Equal Opportunity Provider and Employer Ref. Date-MAY 0 8 20 J�t-4 0.h�b �f � N�M��• r ATE OF•M'iF County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo Hawaii 96720 Phone 18118)961-8288 • Fax(808)961-8742 MAY 2 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawaii 12 Aupum Street Hilo, Hi 96720 Dear Chairman Yoshimoto and Council Members- County Council Initiated(Bill No. 182) Amendment to Chapter 23, Article 4. Division 1, Section 23-61 of the Hawaii County Code 1983 (2005 Edition, As Amended)relating to Site Visits for Applications for Subdivisions The Windward Planning Commission, at its duly held public hearing on April 3, 2014, considered the County Council's proposed Bill No 182 requesting an amendment to Chapter 23,Article 4, Division 1, Section 23-61 of the Hawai i County Code 1983 (2005 Edition, as amended)relating to site visits for applications for Subdivisions More specifically,the amendment will require the Planning Director or representative to conduct a site visit of property(ies)affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community The Commission voted to forward an unfavorable recommendation to the County Council on the request. However, the Commission did not include the Planning Director's suggestion of amending the Subdivision Code to require that both the preliminary and final plat maps only be prepared by a licensed engineer or surveyor in their recommendation We have enclosed a copy of the Planning Director's Background and Recommendation and transcript of the hearing for your information. Sincerely, Ronald Gonzales, Chairm i Windward Planning Commission 1_,ccbillno 182wpc Enclosures cc: Planning Department—Kona Hauai'i Countt is an Equal Opportunitl°Provider and Eniplover JNt�.us M�!L 7TH GF•MP•N County of Hawai`i LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo.Hawai i 96720 Phone(808)961-8288 • Fax(808)961-x742 MAY 2 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawaii 12 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshtmoto and Council Members: County Council Initiated (Bill No. 182) Amendment to Chapter 23, Article 4, Division 1, Section 23-61 of the Hawai'i County Code 1983 (2005 Edition, As Amended) relating to Site Visits for Applications for Subdivisions The Leeward Planning Commission, at its duly held public hearing on April 17, 2014, considered the County Council's proposed Bill No. 182 requesting an amendment to Chapter 23, Article 4, Division 1, Section 23-61 of the Hawaii County Code 1983 (2005 Edition, as amended) relating to site visits for applications for Subdivisions. More specifically, the amendment will require the Planning Director or representative to conduct a site visit of property0es) affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community. The Commission voted to forward an unfavorable recommendation to the County Council on the request. However, the Commission did not include the Planning Director's suggestion of amending the Subdivision Code to require that both the preliminary and final plat maps only be prepared by a licensed engineer or surveyor in their recommendation. We have enclosed a copy of the Planning Director's Background and Recommendation and transcript of the hearing for your information. Sincerely, r , 1 Thomas J. Hickcox, ice Chairman Leeward Planning Commission Lccbillno 1821pc Enclosures cc. Planning Department—Kona Haimi'I Gnmti is an Egtwl Opportnniti PmOder and EntploYer WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 3, 2014 A regularly advertised hearing on County Council Initiated Bill No. 182 relating to site visits for subdivision applications was called to order at 10:42 a.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Ronald Gonzales presiding. COMMISSIONERS PRESENT: Ronald Gonzales, Charles Heaukulani, Gregory Henkel, Wallace A. Ishibashi, Jr., Myles Miyasato, Raylene Moses, and Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga(Deputy Corporation Counsel for the Windward Planning Commission), William Brilhante(Deputy Corporation Counsel for the Planning Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle(Staff Planner), and Sarah Hata-Finley(Secretary). And approximately 15 people from the public in attendance. INITIATOR: COUNTY COUNCIL Bill No. 182 amending Chapter 23, Article 4, Division 1, Section 23-61 of the Hawaii County Code 1983 (2005 Edition, as amended)relating to site visits for applications for Subdivisions. More specifically, the amendment will require the Planning Director or representative to conduct a site visit of property(ies) affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community. GONZALES: Item No. 5 on the agenda is Initiator County Council, Bill No. 182 amending Chapter 23, Article 4, Division 1, Section 23.61. Mr. Arai. ARAI: Hi, thank you, Mr. Chairman. Good morning, Commissioners. If I may direct your attention to the presentation screen. What you have before you is a Council Initiated Bill No. 182 which amends a section of the Subdivision Code to require site visits for subdivision applications. The Council created the bill and submitted for your consideration in attempt to amend the Subdivision Code to require the Planning Director or its authorized representative, to conduct a site visit of any designated property subject to a proposed subdivision action prior to tentative approval or disapproval of a preliminary plat or subdivision map. What the intent of the bill is--to ensure that or to verify that information provided in the preliminary plat and supplemental material is accurate; determine if there are any omissions with the consideration for the required contents of a preliminary plat as provided in the section of the Subdivision Code; determine if there are any conditions on the designated property that, with consideration for the proposed land use as expressed by the preliminary plat and supplemental materials, could reasonably be conceived to result in a potentially deleterious effect to the general welfare and 1 health of the community; and should any such conditions exist, the Director shall notify the subdivider, and the subdivider shall, in consultation with the Director, revised the preliminary plat map and supplemental materials to mitigate those conditions indicated by the Planning Director. That was a mouthful, I know, but what it basically—let me give you a brief preface of what occurs during the subdivision process. A subdivider or land owner or their consultant prepares a preliminary plat map which is a subdivision map that shows how a given piece of property would be carved out. That map is then submitted to the Planning Department. The Department reviews the map for minimum requirements as required by the Subdivision Code. The map is then distributed to the various reviewing agencies which include Department of Transportation, Public Works, Department of Water Supply, and Department of Health. And there could be other agencies if we determine that certain information is necessary to be reviewed by the reviewing agencies. When the information and comments from the various agencies are received by the Planning Department, we then envelope that into what we called a tentative subdivision approval, which lists all of the requirements that the subdivider needs to comply with before we can grant them final subdivision approval. I should note that the final subdivision approval requires the submittal of a final plat map which is the final layout, and that must be prepared by a licensed engineer or surveyor. What Bill 182 is attempting to do is mandate to the Planning Department site visits to each and every parcel that is subject to a subdivision application. We simply don't have the resources available to conduct a site inspection of each and every single property subject to a subdivision application. We rely on the applicant and/or their consultants to provide the information, the site conditions, the location of easements, the location of utilities, to be shown accurately on the map, and that map is then presented to the Planning Department for review. We do not have the expertise; we do not have the resources to go out to each and every single one of these properties, some of which could cover hundreds of acres to verify each and every bit of information that is shown on a preliminary plat map. That is why the final plat map is required to be prepared by a licensed engineer and surveyor. That is where the burden lies. That is where the responsibility lies. It should lie with the subdivider and their consultant. We simply do a check to verify that their information as shown is at least represented, and that's where the responsibilities and the requirements lie so with that,that is why we're recommending unfavorable consideration of this Bill 182. However, as part of your recommendation, we also note that, we offer a suggestion to the County Council as well. Along with an unfavorable recommendation that maybe the Council should consider an amendment to the Subdivision Code to require that the preliminary plat map also be prepared by a licensed engineer or surveyor. Right now, the way the Code is constructed, the preliminary plat map does not have to be prepared by those professionals. So, as a reasonable compromise, we are offering that to the Council as well, as well for your consideration. So with that, I stand ready to answer any questions you may have. GONZALES: Any questions for staff from the Commissioners? Mr. Henkel. HENKEL: Has the, has this been brought before the Leeward Planning Commission yet? 2 ARAI: It is scheduled for the April 17`h meeting. HENKEL: Thank you. GONZALES: Any other questions? No? Okay, thank you. Motion please. There is no public testimony. Nobody signed up. MIYASATO: Chair, you know I, I know that our process, you have to either go with your complaints on the process, how to try expedite the process, and I see this as even slowing it down even further, as well as manpower and just the Big Island alone. If you look to an undeveloped parcel, a site visit a lot of times will not do any justice. If you got vegetation, 8 feet high, 10 feet high, there's no way to assess. So, with that, I would like to send an unfavorable recommendation to the County Council regarding Bill No. 182 relating to site visits for applications for subdivisions. ISHIBASHI: I second that. GONZALES: It's been moved by Commissioner Miyasato for an unfavorable recommendation, seconded by Commissioner Ishibashi. Any discussion, Commissioners? HENKEL: Mr. Chairman? GONZALES: Yes, sir. HENKEL: Were you going to include the recommendation by the Planning- MIYASATO: The only reason I'm not including that is for me, it's a little unfair for someone to pay for that expense, not even at a preliminary point, so I would, I guess I would leave that up to the Council if they want to put that in, but for me, I feel that's a little unfair to incur those expenses. HENKEL: Maybe we can recommend to Council to look at the site. GONZALES: Any other discussion? Mr. Arai. ARAI: Thank you, Mr. Chairman. So, motion is to send an unfavorable recommendation on Bill No. 182, and the motion does not include the suggestion to amend the Code as recommended by the Planning Director. So with that being said, I'll call the roll. Commissioner Miyasato? MIYASATO: Aye. ARAI: Commissioner Ishibashi? ISHIBASHI: Aye. 3 ARAI: Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Moses? MOSES: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: Mr. Chairman. GONZALES: Aye. ARAI: Mr. Chairman, motion carries with seven aye votes. GONZALES: Thank you. The discussion ended at 10:51 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 4 LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 17,2014 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 23 OF THE HAWAII COUNTY CODE,RELATING TO SITE VISITS FOR APPLICATIONS FOR SUBDIVISIONS was called to order at 9:37 a.m. in the West Hawaii Civic Center,Community Center,Building G,74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii,with Vice Chair Thomas Hickcox presiding. COMMISSIONERS PRESENT: Thomas Hickcox,Collin Kaholo,Barbara Nobriga and Thomas Whittemore ABSENT AND EXCUSED: Brandi Beaudet,Geraldine Giffin and Richard Nelson, III ALSO PRESENT: Bobby Command(Deputy Planning Director),Margaret Masunaga(Deputy Corporation Counsel),Bennett Mark(Planning Program Manager),Keola Childs(Planner)and Noriko Sauer(Commission Secretary) And two people from the public in attendance. INITIATOR: COUNTY COUNCIL Bill No. 182 amending Chapter 23,Article 4, Division 1, Section 23-61 of the Hawaii County Code 1983(2005 Edition,as amended)relating to site visits for applications for Subdivisions. More specifically,the amendment will require the Planning Director or representative to conduct a site visit of property(ies)affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community. HICKCOX: First item on the agenda this morning is Bill No. 182 amending Chapter 23,Article 4, Division 1,Section 23-61 of the Hawaii County Code 1983,2005 Edition, as amended,relating to site visits for applications for subdivisions. More specifically,the amendment will require the Planning Director or representatives to conduct a site visit of properties affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code,and site conditions that could result in deleterious effects to general welfare and health of the community. At this time we'd like to call upon staff to give us a presentation. CHILDS: Thank you, Chair Hickcox. And good morning,Chair and Commissioners. The proposed Bill No. 182 initiated by the County Council attempts to amend the Subdivision Code to require the Planning Director or his or her authorized representative to conduct a site visit of any and every property that is designated as being subject to a proposed subdivision action,and to do so prior to the tentative approval or disapproval of the preliminary subdivision plat map. Purpose of the site visit is multifold,as proposed by the Council, to first verify that the information provided on the preliminary plat map and any supplemental materials is in fact accurate; to secondly determine if there are any omissions with consideration for what the required content, what is required in 1 content of the preliminary plat as provided for in the Subdivision Code, subdivision control code technically,in Division 2,which covers contents of the preliminary plat map,and that's within Article 4 of the Code;thirdly,to determine if there are any conditions on the designated property that,by considering the proposed land use as expressed by the preliminary plat and supplemental materials—and,by the way, I would mention that usually the plats do not indicate what the intended uses are, this is one of the fine-point concerns that there are with the bill—but if there are any conditions on there that could reasonably be conceived to result in potentially deleterious effects to the general welfare and health of the community. There's a lot of words in the sentences in there about"potential"and`reasonable"and"conceived"and"deleterious"and "general welfare and health." And then the Director,by in a site visit and making those reassessments,if the Director finds that any of these conditions exist,the Director shall notify the subdivider,and the subdivider shall in consultation with the Director revise the preliminary plat and supplemental materials to mitigate the conditions so indicated by the Director. It's a relatively complicated and vague proposal, and the Director is recommending as a consequence unfavorably on this proposed bill that it not be recommended for approval. Any questions,clarifications that we can add? HICKCOX: Commissioners,any questions of staff? I have one. I have one question. Just based on the language as we read through it,there seems to be a degree of overstepping or duplication of responsibilities that have already been assigned to other agencies. Am I correct in assuming this? CHILDS: Some of the responsibilities are held by other agencies,Public Works for example,and all the County agencies and some State are given copies of this and an opportunity to comment. Unfortunately,the maps that are provided do not necessarily cover and address everything that, besides what those agencies might require to focus on per the Code, that may be there,there are conceivably in the minds of some other issues,which are not required to be submitted and/or not required to be considered, which it would seem the bill is proposing. The Planning staff was not educated and trained and competent to make a decision or advise the Director as to matters that are not in the Code for us to comment on,be it topography,groundcover,types of animals that are on the property,rainfall variations,terrain comments,there is a wide range of things that we are not directed by law or code or rule to even think about. We are not charged with that;that would be outside of our program that we are paid for by tax dollars to do those things. So our staff relies on the professionals or the various agencies;if they see something that alerts them that there may be other collateral concerns,they are,of course,welcome to comment to us and we can ask for more information. But as staff we do not send out copies to every agency in the United States covering every possible focal point where there may be a concern,for practical reasons. We are enforcing and implementing the Code that the Council and Mayor have seen fit to make law. That's been the limit of our work. We wouldn't know how to address many of these other types of issues that I've alluded to;we have no competency. HICKCOX: Then,would I be safe to assume,and I don't like using the word "assume,"that the language as submitted in this proposal is 1) vague,2) in some areas too far reaching, and 3)not specific? CHILDS: As staff,rather than to characterize the language as necessarily too vague or too general, I would just say it's perplexing to the staff and to the Director as to how we might be able to carry this out without any standards as a course of law to make a decision. There is no information proposed to be added that would tell us what would be the factors,or triggers,to be potentially deleterious and what and how would those relate to the general welfare. There are no dots to 2 connect in order for us to be other than arbitrary and capricious in saying to someone that I as Director,whoever he or she may be at the time,now see things this way,and from this day on this is too steep,these trees are too many,they are a wrong type of trees, I want those types of trees, they are too big,the rainfall is not enough,or what would be such standards that we would go out and look for and make a decision that someone must change. HICKCOX: Thank you. Thank you very much. Commissioners? WHITTEMORE: Quick question. Hearing your presentation,the amendment the way it is stated really indicates that every property subject to subdivision approval has got to be inspected? Every property? CHILDS: Yes,sir. WHITTEMORE: Okay. CHILDS: Chair Hickcox,I forgot to mention, I know you have a copy,but I'd like it to be publicly identified that there was one item of written testimony that came in by email to the Department from a Ms. Fay Daniel and submitted in writing to you,and ask that it be acknowledged for this meeting. HICKCOX: Thank you. Commissioners,has everybody received the copy of this? WHITTEMORE: Yes. HICKCOX: And have we had an opportunity to review it or read it? NOBRIGA: Do you want me to read it? HICKCOX: No,it won't be necessary to read it,as we did on our own. Has everybody read it? NOBRIGA: It was sent to me and I sent it on. HICKCOX: Ali, mahalo. Mahalo. Okay, any other questions? None? Moving along. The applicant is not here. So,do we have anybody signed up? Yes,we do,for public testimony. J.Tanimoto. Am I correct? J.Tanimoto. Public testimony. I see you are already seated. You've got the mike. Could you raise your right hand,please. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? TANIMOTO: I do. HICKCOX: Thank you. Would you then speak directly into the mike and proceed with your testimony. Thank you. TANIMOTO: Thank you. My name is Josephine Tanimoto for the record. I live in Kawaihae,and I am making this testimony for myself,okay? And I guess I know everybody on this panel. It's wonderful. I haven't seen you in such a long time but. I am in support of this bill, to site visit every subdivision,because, in fact, I would ask that there be another amendment to the bill that would 3 include unilateral decisions by the Planning Director,because those types of information,it is not available to the general public as a subdivision would be on public notice in the newspaper. So I would ask,No. 1,is to amend that to include whatever permits are being requested from the Planning Director, that they do unilateral mail,email,whatever. And the reason I say on this bill every subdivision is because it is my experience that not every time there is a subdivision permit allowed through the CDP that gets requested to be reviewed. And so the CDP, in my understanding,would be an advocate of the community. So the community may have a question about a subdivision or they have a concern,but they cannot come to public hearings of this type, and maybe even,not even have a computer to follow through. So on that I would say I support what the County Council has done. There has been subjects of concern in the past that I know of before the CDP,and those things got passed by. But the County is responsible to preserve,protect history,culture. And in our case in Kawaihae my family and I,we try to keep track of the cultural things where we live. So I would say I would support that,and ask to amend it again to include unilateral decisions made by the Planning Director. Thank you. Any questions? HICKCOX: Any questions,Commissioners? Thank you. Thank you for your testimony. Is there anyone else here that wishes to testify before this matter on the agenda? Okay,none,moving along. Commissioners,at this juncture I need a motion in reference to our agendized item. WHITTEMORE: Mr. Chair? HICKCOX: Yes, sir,Mr. Whittemore. WHITTEMORE: I'd like to make a motion that the Leeward Planning Commission send an unfavorable recommendation to the County Council regarding Bill No. 182,relating to site visits for applications for subdivisions. NOBRIGA: I'll second. HICKCOX: Okay. We have a motion on the floor now,moved and seconded. Any further discussion? Commissioners,I'd like to interject a little bit. Sending an,excuse my naivetj6 in this, but if we send a recommendation back to the County Council,recommending that we not accept this, should there not be solutions attached to this,which would assist in,if they so desire,creating a more workable bill? That's my question. I know the bill before us is just yea or nay,I understand that,but-. WHITTEMORE: Well, with respect to my motion, I,and I'm in full agreement with you;I think that,you know,it isn't just a yes-or-no kind of thing. There are a lot of issues out there,and I think the Planning Department has stated some of the issues or concerns that they have,and they are part of the record. And that would be, that's the basis by which I've made my motion. I would want those to,those issues to be highlighted,and perhaps the County Council can then reconsider resubmitting a proposed amendment. But that would be my intent. HICKCOX: Thank you. Are we good with that? COMMAND: Mr. Chairman? HICKCOX: Yes. 4 COMMAND: Yeah, I think I should just make one comment here. I think you are absolutely right. And as a matter of the Department, I think we feel that in concept this is,this has a lot of merit. Practically speaking,though,it needs work. And, you know, there is a whole range of things that we might be able to do to make it work,anything from adding expert staff, which costs a lot of money, to, you know,narrowing the scope. But I agree it is on the record; there are solutions on the record that they can consider. So I'll just leave it as that. HICKCOX: Okay. And one more question. Corp Counsel,is that pono? Is that good? MASUNAGA: Yeah,that-. HICKCOX: Within our area,or scope? MASUNAGA: Yes. HICKCOX: Thank you very much. Okay,Commissioners,it has been moved and seconded,and we had some discussion in reference to this Bill No. 182 amending Chapter 23. CHILDS: Ready for a roll call,Mr.Chair? HICKCOX: Yes,sir. Roll call. CHILDS: Okay. The motion is to send an unfavorable recommendation to the Planning Director (sic)with regard to Bill 182,as reviewed today. Commissioner Whittemore? WHITTEMORE: Aye. CHILDS: Commissioner Nobriga? NOBRIGA: Aye. CHILDS: Commissioner Kaholo? KAHOLO: Aye. CHILDS: And Commissioner Hickcox? HICKCOX: Aye. CHILDS: Chair Hickcox,the motion passes unanimously with four ayes. HICKCOX: Thank you. It was moved by Commissioner-. CHILDS: Commissioner Whittemore and seconded by Commissioner Nobriga. HICKCOX: Nobriga. Okay. Motion carries. 5 The discussion ended at 9:55 a.m. Respectfully submitted, Nori1 Sauer,Sec ary Leeward Planning Commission 6 BRSiteVisitsBill 182.jwd-04/03/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 23 (SUBDIVISION CODE),ARTICLE 4, DIVISION 1, SECTION 23-61 RELATING TO SITE VISITS FOR APPLICATIONS FOR SUBDIVISIONS Bill No. 182 amending Chapter 23, Article 4, Division 1, Section 23-61 of the Hawaii County Code 1983 (2005 Edition, as amended)relating to site visits for applications for Subdivisions. More specifically, the amendment will require the Planning Director or representative to conduct a site visit of property(ies) affected by a proposed subdivision action to verify accuracy of information shown on the preliminary plat map or any omissions required by the Subdivision Code, and site conditions that could result in deleterious effects to general welfare and health of the community. BACKGROUND Through Bill No. 182 (Planning Department Exhibit 1), the County Council is proposing amendments to the Subdivision Code within Article 4 (Application for Subdivision and Preliminary Plat), Division 1 (General Provisions), Section 23-61 (Review of Plat). In summary, Bill No. 182 attempts to amend the Subdivision Code (Chapter 23, Hawaii County Code)to require the Planning Director, or an authorized representative, to conduct a site visit of any designated property subject to a proposed subdivision action prior to the tentative approval or disapproval of a preliminary plat(subdivision)map in order to: 1. Verify that the information provided in the preliminary plat and supplemental materials is accurate; 2. Determine if there are any omissions with the consideration for the required contents of a preliminary plat as provided in division 2 (contents of a preliminary plat) of article 4; and 3. Determine if there are any conditions on the designated property that, with consideration for the proposed land use as expressed by the preliminary plat and supplemental materials, could reasonably be conceived to result in potentially -1- deleterious effects to the general welfare and health of the community. Should any such conditions exist, the Director shall notify the subdivider and the subdivider shall, in consultation with the Director, revise the preliminary plat and supplemental materials to mitigate the conditions so indicated by the Director. ANALYSIS According to the County Charter, the Planning Director is given the authority and responsibility of administering the requirements of the Subdivision Code and to render decisions on proposed subdivision plans pursuant to law. Responsibility and accuracy of preliminary^plat maps: Chapter 23, Subdivisions, defines the minimum requirements, standards, and informational content for submitting preliminary plat maps. When a preliminary plat map is prepared and submitted by a licensed engineer or surveyor,the Planning Department relies on the professionalism of these licensed professionals to include the necessary information and existing conditions on the preliminary plat map as required by the Subdivision Code. With their stamp and signature on the plans,the licensed professional, to the best of their knowledge, is submitting what they consider to be accurate. Further,the Planning Department staff are not licensed surveyors or engineers, and therefore, not in the position to question, challenge, or second guess the validity of or any omissions on a submitted preliminary plat map. Although, a preliminary plat map could be submitted by a layperson, who is not a licensed surveyor, the subdivider, remains accountable to the same standards, requirements, and informational content of the Subdivision Code. Once an application is submitted to the Planning Department, staff reviews each map to ensure general consistency with basic Planning Department requirements—such as zoning, minimum lot sizes, rezoning ordinances or prior approved permits, Special Management Area(SMA), and other departmental records and resource materials. Most importantly, preliminary plat maps are circulated to applicable county, state, and federal agencies for their review and comment and for conformity with their requirements and standards before a subdivider is issued tentative approval and proceeds to prepare a final plat map. -2- Finally, in accordance with Section 23-68, all final plat maps before obtaining final subdivision approval, shall be prepared by or under supervision of an engineer or surveyor who is duly registered in the State of Hawaii. Availability of staff resources: To require a site inspection for every application is not a practical use of staff time. Simple consolidation or small lot subdivisions may not require a site inspection. With technological advancements, a number of software programs, such as Google Earth, Geographic Information Systems (GIS) and Pictometry; are available to assist planners with identifying general characteristics of the affected property(ies) without having to physically inspect each site. Through,these resources, a majority of the information required under Sections 23-63 to 23-66 of the Subdivision Code can be reasonably reviewed using existing resources without conducting a site inspection for each property. Further, current staffing levels within the Planning Department would make it impossible to conduct a site visit for every subdivision application submitted to the department. Again, accuracy of preparing a prelimnary plat map is the responsibility of the applicant with revisions based on review by applicable agencies using their staff expertise. The Planning Department has two (2) planners assigned to review and process all subdivision and consolidation applications island wide. This is in addition to their other responsibilities. In 2013, the Planning Department received 107 subdivision applications and 31 consolidation applications. There is a great amount of work required by staff to review and process the subdivision and consolidation applications from time of submittal to issuance of final subdivision approval. The assigned planners review the preliminary plat to confirm if the information required under Sections 23-63 to 23-66 of the Subdivision Code (Planning Department Exhibit 2) have been identified and noted or depicted on the preliminary plat map. With the current upswing in our economy, we anticipate that subdivision applications will continue to increase. Process: In accordance with Section 22-23, the standard procedure requires the preliminary plat maps to be reviewed by the State Department of Transportation, State Department of Health, and the Departments of Public Works and Water Supply. The department also -3- forwards the preliminary plat to other applicable agencies as needed. Our department depends on agency review of the preliminary plat map and their recommendations, which determine whether additional information or revisions are necessary in order to achieve tentative approval of the preliminary plat map. Typically, current conditions, mitigation measures, and requirements are spelled out as part of the issuance of tentative approval after all reviewing agencies have been given an opportunity to comment. Bill No. 182, on the other hand, requires planning staff to verify or make a call for"accuracy or omissions"prior to obtaining agency review and comments. This would be inappropriate and premature. RECOMMENDATION For the reasons detailed above,the Planning Director recommends that the Planning Commissions send an unfavorable recommendation to the County Council regarding Bill No. 182, relating to site visits for applications for subdivisions. -4-