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4J May 02, 2006, at 08:47:47 AM 1 Janice Palma-Glennie (808) 324-0093
Janice Palma-Glennie
P.O. bm 48"
Kailua-Kona, Hawaii "V-"
T44W-324-0093
April 28, 2006
Re: Do not pass subdivision code changes that limit public input
Aloha, Council Chair Higa and full council:
I apologize that I could not attend today's hearing. I had work
obligations which conflicted with the time of this hearing.
The County's Subdivision Control Code has been violated for
decades by developers and allowed to do so by the County). The
Hawaii Supreme Court, in Leslie v. Board of Appeals, found that
the county's practice and its interpretation of the law was
"manifestly incorrect and unreasonable."
Planning Director Chris Yuen proposes to amend the Subdivision
Control Code to essentially over-turn the Supreme Court's decision
in Bill 246. This legislation would give the planning director the
sole discretion to determine what information a developer was
required to submit prior to subdivision approval.
No subdivision should be approved unless the county is assured
that the project will not cause, or be impacted by, flooding,
polluted runoff or falling debris. Planning Director Yuen does not
agree. Sufficient information should be submitted to ensure that
native Hawaiian rights and Public Trust resources are protected.
Public access to the shoreline and mauka trails must be provided,
and agricultural land should not be used for urban development.
Complete information is imperative if proper land use decisions
can be made by planners. This is particularly true given that
thousands of acres of land were zoned decades ago. Since then,
scientific knowledge and community values have evolved. The
subdivision process should insure that subdivisions protect public
health, safety and welfare. Waiving subdivision requirements to
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Ref. Date
May 02, 2006, at 08:47:49 AM Janice Palma-Glennie 16 (808) 324-0093
make approvals easier for developers is not in the public
interest.
Some changes might be made to the Subdivision Control Code but not
those that give the planning director more control over
subdivision evaluation and approval. Positive changes would
insure better public notice of proposed subdivision changes,
protection of native Hawaiian rights, and better ways to address
traffic. The Subdivision Control Code should be amended in a
deliberate, comprehensive, and public arena. changes proposed at
this time make the public feel that they are being railroaded into
a program at a time when other significant planning decisions
should be addressed (i.e., the Rona CDP and possible concurrency
legislation). These need to be addressed before the planning
director is given more discretion to lighten the developers' load.
My question remains: why is he proposing these changes at this
time? What reasoning is being used to assure the public that these
changes are in their interest and not developers'?
Mahalo for your consideration of my views in this crucial matter.
Best regards,
Janice Palma-Glennie