HomeMy WebLinkAboutREP PC 062 04/18/2006 2004-2006 REPORT OF THE
COMMITTEE ON PLANNING
DATE: April 18, 2006 Re: Comm. No. 762Bi11 No. 246
PLACE: Council Chambers
TIME: 1:00 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 246, reports as follows:
Bill No. 246, transmitted by Mayor Harry Kim via Communication No. 762, dated Mazch 13, 2006,
amends Chapter 23, Hawaii County Code 1983 (2005 Edition, as amended), relating to information
required for submittal of a subdivision application, revisions to certain time and street requirements,
and minor "housekeeping" changes to the Subdivision Code.
Bill No. 246 legitimizes the practice of allowing detailed subdivision construction plans to be
submitted prior to final subdivision approval, rather than at the time of preliminary plat submittal.
According to the Planning Director, there are currently several hundred subdivision applications
pending that "do not conform to the strict letter of the Code in all respects." The current amendments
would validate these pending applications, as well as applications that were previously approved during
the past several decades. The current amendments are largely in response to a recent Third Circuit
Court decision in Leslie vs. Board of Appeals, which invalidated a subdivision that the County had
approved without the information currently required in the Code.
Bill No. 246 also amends Chapter 23, article 3, division 4, section 23-50, Hawaii County Code 1983
(2005 Edition, as amended), by eliminating current language regarding required grades and curves, and
replacing it with a new statement as follows: "Grades and curves of streets shall conform to accepted
engineering practice as determined by the director of public works."
In addition, Bill No. 246 amends Chapter 23, article 3, division 4, section 23-66, Hawaii County Code
1983 (2005 Edition, as amended), by eliminating current language contained in subparagraph (3)
relating to information regarding location of proposed utility connections and, eliminating
subparagraph (7) relating to improvements to be made and approximate time of completion.
Communication 762 reports that the Planning Commission voted to approve the proposed amendments
to Chapter 23, Hawaii County Code 1983 (2005 Edition, as amended), at its public hearing on Mazch
9, 2006.
At the April 18, 2006 Committee on Planning meeting testimonies from the public were presented at
the Hilo and Kona Council offices. There were no testifiers at the Waimea Council office.
PC REPORT NO. 62
Communication 762
Bill 246
Page 2
There were 9 people in Kona who presented testimony in opposition to Bill No. 246. The testifiers
were Susan Golden, Joel Gimpel (representing Kona Traffic Safety Committee), Larry Ford, Charles
Flaherty, Mazian Wilkins, Janice Palma-Glennie, Kauwila Duall, Gordana Leonard and Shannon
Rudolph In addition, the Kona Council office received written testimonies in opposition to Bill No.
246 from the following five people: Debby Datkowitz, W.H. & L.A. Kelley, Alicia Starsong, Clazence
Ching and Kanani Aton.
Kale Gumapak, representing Hui Pa`a (a coalition of Hawaiian organizations on the Big Island)
presented opposition testimony at the Hilo Council office and Ron Self of Ka`u, presented testimony
requesting a "quiet period" for approving any development until the Ka`u Coastal Preservation task
force completes its study.
Planning Director Chris Yuen explained the intent of the amendments suggested in Bill No. 246 and
stated that public testimony seemed based upon a misunderstanding of what is happening now and
what has happened over the past 30 years. He went on to explain that what the bill does is change what
has to be included in the subdivision application and, if a mistake is made in providing such
information or if something is omitted, the Planning Director could with processing. In the Ki`ilai case
it said that when an initial plat is filed, it must contain enough information regarding roads, water, etc..
However, in actual practice, this information is required after approval. Mr. Yuen stated what the
public really needs to know is still included later within the subdivision process. The amendment
basically allows applicant to defer construction drawings to a future date. Mr. Yuen concluded at the
present time, there are a whole group of applications missing information that would be at risk.
Committee Vice Chair Pete Hoffmann expressed concern over elimination of section 23-50 regarding
grades and curves. Vice Chair Hoffmann did not see anything within the Supreme Court decision in
Leslie v. Board of Appeals that would have required the Planning Director to make that particulaz
change. Planning Director Yuen explained that the Department requested the change since "curves"
appeaz to be a function of speed and that, from an engineer's perspective, is not sound engineering
practice.
Council Vice Chair Virginia Isbell stated that based on public concerns, the proposed amendments
looked pretty extensive to be referred to as a "tidy-up" and that she believes more information and
communication is needed early on.
PC REPORT NO. 62
Communication 762
Bi11246
Page 3
A motion to approve this measure received three aye votes. Pursuant to Council Rules, 5 aye votes are
needed to pass a measure. Therefore, your Committee on Planning forwards Bill No. 246 to the
Council with a negative recommendation.
and
Aves noes A&E Ex Respectfully submitted,
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HOLSCHUH X } I ~ J
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JACOBSON X
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SAFARIK PC REPORT NO. 62
ADOPTED:
OFFICE INFORMATION ONLY
Meeting:
May 2, 2006 -Council Meeting (36`h Session)
Action:
Passed Bi11246, Draft 2, on first reading
PC Report 62 transmitted Bi11246 with a "negative recommendation" due to a vote
of 3 ayes, 3 noes, & 3 excused.
Re:
C-762/BILL 246/PC-62