2014-04-17 Leeward Exh A (Amend Subd Code Site Visit for Subd App)

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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 EXHIBIT A