COM 0762.059 2004-2006 - Laserfiche WebLink

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Margaret Wille 65-1316 Lihipali Road Kamuela, Hawaii 96743 808-887-1419 Honorable Stacyy Higa, Chair Hawaii County Counci 25 Aupuni Street Hilo, Hawaii 96720 May 17, 2006 Dear Chairman Higa and Members of the County Council RE: BILL 246 --Subdivision Code Revisions: Proposed Compromise Summary of Director Yuen's Proposed Amendments: Director Yuen's proposed revision of the Subdivision Code: ---removes the substantive road standards for grades and curves; reduces to a minimum the information required for preliminary approval; ---provides for waiver of any of the remaining required information; ---allows the Director to approve plans if the Developer agrees to adhere to unstated industry practices to be determined by Public Works, Water Supply, and Health; ---provides that deferral for further review constitutes preliminary approval; --elliminates the requirement that a request for an extension to file the final subdivision plan be made in advance of the deadline for submission of that plan; and, --allows the Director to issue both preliminary and final subdivision approvals subject to future submission of supplemental information. Preface: There is no question that the Department of Planning (hereafter "the Departrment") is overburdened. To address this problem, Director Yuen has asked the County Council to approve amendments to the Subdivision Code that reduce the mandatory critieria at the preliminary subdivision approval stage and allow the Director to approve as valid otherwise incomplete applications. My suggestions are "Department - friendly" and "Developer-friendly", but also allow for timely public participation in the subdivision process. By incorporationg these suggestions, Director Yuen's proposed amendments will be less vulnerable to judicial challenge based on recent case law such as Hokulia, Sierra Club v Office of Planning. State of Hawaii, and Leslie v. Board of Appeals. Director Yuen also proposes some other changes that allow for more flexibility in the subdivision design standards, modify procedural time limits, and incorporate non- substantive "housekeeping" revisions. I am not objecting to these other changes, except to be sure the procedural deadlines allow the opportunity for pubic participation. Background and Current Status of Bill 246 Pursuant to the County Charter, the Planning Commission has the primary responsibility for reviewing and recommending proposed changes to the Subdivision Code. In this instance, the Planning Commission forwarded Director Yuen's proposed amendments on to the Council by way of the Mayor, with reservations on a 3-3-3 vote (three for, three against, and three absent). It is my understanding that the Planning Commission did not take a hard look at the separate amendments. The specific amendments however have different objectives and affect the stakeholders (the Department, the Developers, and the Public) in different ways and should not be handled as a package deal. Attached hereto as EXHIBIT A are my suggested modification to Director Yuen's proposed amendments. The following reasons support these suggested Comm. "0._ Z Ref. T.P esented Ref. Date