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V OF M COUNTY OF HAWAII STATE OF HAWAII ,T� Of•M'i, RESOLUTION NO. 544 14 A RESOLUTION REQUESTING THE PLANNING DIRECTOR, MANAGER -CHIEF ENGINEER OF THE DEPARTMENT OF WATER SUPPLY, AND PLANNING COMMISSIONS TO REVIEW PLANNING DEPARTMENT RULE NO. 22-7 AND CONSIDER EXPANDING ACCESS TO WATER VARIANCES FOR NEW SUBDIVISIONS. WHEREAS, Section 23 -84 of the Hawaii County Code 1983 (2005 Edition, as amended) provides, in part: "A subdivision to be laid out after December 21, 1966 shall be provided with water as follows: (1) A water system meeting the minimum requirements of the County department of water supply. "; and WHEREAS, the Planning Department Rules of Practice and Procedure was amended on February 15, 2006, to "provide criteria for the granting or denial of variances from sec. 23 -84 of the Subdivision Code, which requires a water system meeting with the requirements of the Department of Water Supply (DWS). "; and WHEREAS, Planning Department Rule No. 22 includes Rule No. 22 -7, "No Further Subdivision by Water Variance Allowed "; and WHEREAS, Rule No. 22 -7 states in part: "There shall be no further variance from the water supply requirements to allow later subdivision of lots in a subdivision created with a variance under this rule. "; and WHEREAS, while the Council appreciates the intent of Rule No. 22 to "ensure that new lots, which ultimately may include homes, have safe water for drinking and fire protection," the Council finds that Rule No. 22 -7 may unnecessarily infringe on a property owner's rights to maximize the full potential of his or her land; and WHEREAS, the Council believes that after eight years of implementation, a thorough review and analysis of the efficacy and purpose of Rule No. 22 -7 is warranted, and if found to be in the County's best interest, revisions should be applied to expand eligibility for property owner's to apply for water variances to allow further subdivision of property without the burden of constructing a costly water system; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Planning Director, in consultation with the Leeward and Windward Planning Commissions and the Manager -Chief Engineer of the Department of Water Supply, to engage in a thorough review and analysis of Rule No. 22 -7 of the Planning Department's Rules of Practice and Procedure to determine if revisions to allow for expanded eligibility for applications for water variances could be applied without causing detrimental impacts to the safety and welfare of the County.