HomeMy WebLinkAboutCOM 0762.077 2004-2006
Pete Hoffmann M.r o. Phone No.: (808) 887-2043
Council Member;~~ Fax No.: (808) 887-2072
District 9 - North and South Kohala E-Mail: poffmann@co.hawaii.hi.us
~.••.-tea`:.
HAWAII COUNTY COUNCIL
County of Hawai `i
Holomua Center
64-1067 Mamalahoa Highway, Suite C-5
Kamuela, Hawaii 96743
June 16, 2006
TO: Stacy Higa, Chair
Hawaii County Council i c. for
FROM: Pete Hoffmann
Council Member
SUBJECT: Bill 246, Draft 5 - Amendment to Certain Sectio f Chapter 23 (Subdivision
Code) Hawaii County Code 1983 (2005 Edition)
Attached is Bill 246, Draft 5, originally transmitted via Communication No. 762.67 from
Planning Director Chris Yuen, dated June 1, 2006. The Council voted to adopt the changes
proposed in Mr. Yuen's Draft 5 of Bill 246 at its June 5, 2006 meeting.
Bill 246, Draft 5 incorporates the changes proposed in Draft 3 and Draft 4, by deleting
the Planning Department's proposed amendments to section 23-50 of the Subdivision Code
relating to "grades and curves" in its entirety. As a result, section 23-50 of the Subdivision Code
relating to "grades and curves" will remain unchanged. Draft 3 and Draft 4 were filed by the
Council at its June 5, 2006 meeting.
Amendment of section 23-50 is not relevant to other amendments proposed by the
Planning Director in Bill No. 246, which amendments are intended to correct discrepancies
between current provisions in the Subdivision Code and current practice in the processing of
subdivision applications by the Planning Department. Draft 5 deletes amendments to section 23-
50 of the Subdivision Code, since the proposed amendments to grades and curves did not directly
address issues raised by the Leslie vs. Board of Appeals court decision.
Draft 5 also addresses substantial concerns expressed by the public about Bill 246, which
contended that the public is not being adequately informed about pending or approved
subdivisions in the County. Bill 246, Draft 5 requires that the Planning Department publish a
semi-monthly list of the subdivision applications it receives. Public notice of pending
/ n {{-~~~~~NN Comm. Nol(OZ.1 7
L i ~l'I 2 1 V^~1' ~ > Ref. N 0 Q'
Ref. Date afe
Hawai `i County Is An Equal Opportunity Provider And Employer
subdivision applications is not required under current law, so this amendment should increase
public awareness of pending applications.
Bill 246, Draft 5 also clarifies that although a tentative subdivision approval is valid
despite the absence of certain information on the preliminary plat, the subdivision must still
conform to the substantive requirements of the code, including requirements governing road
construction, water supply, drainage, lot sizes, and so forth. Bill 246, Draft 5 further clarifies that
if the Planning Director opts to waive or defer the submittal of certain information with the
subdivision application, this does not affect the requirements of tentative subdivision approval,
including requirements governing roads, water supply, drainage, sewage, and so forth.
Bill 246, Draft 5 proposes to:
1. Delete Section 2 of Bill 246, Draft 2 in its entirety:
[SECTION 2. Chapter 23, n«':nl° z ,1:..:sien n °n':°n 23 cn 14a n i County
Gede 1983 (2005 Edition, n ende 1) is amended to read as follows:
"cent:°n 23 cn Grades and n
(a) A grade of n street shall ben reasonable minimttm but in ne ease 1. less h
half of ..o..: i°crvcixc t and shall not r i~cc2cv a s t on major artccr ,.rialrn, crg;a ~ h
one half of ~arnnr°°v°r^i - 'pccc°cixs -nac
v. vvu.. en o..vva.uu., ai4erials, ° n t o ellnnter streets, of twelve °nt on any
l
......e.. No b......, s.,..,. ..a..... of Yr. w.... vz.-r.c~m ~h.. be less than a ° half of one e pefeent at the gotzta.°« Vert:onr
and hefizontal eurves shall be se designed as to give nanpassing distanee visibility in
oRn4)mAn-nes, with the fallowing ents:
"et4ieal 14efizental
Elassif+eatien cun,e Curve
Primary arterial 500 feet 500 feet
Seeandafy aftefial 500 feet 500 feet
Business er-industrial street 500 feet 500 feet
E estRrstreet~08 €eet 300 met
A4ii street~AO €eet 300 feet
Eal de sae I0 0 €eet 200 feet
(b) Variations f«...n the « fed grades o may bepermitted by the di
ef public we "Hong, 'ARSdards
aeeafdingly. Grades and eun,es of Streets
ed eneineerinR nntin° as det,......,ined by the ,7:«nnto« of ..l.l:n
" dull
2. Renumber Section "Y' to Section "2".
As a result, section 23-50 of the Subdivision Code will remain unchanged
and read as follows:
"Section 23-50. Grades and curves.
(a) A grade of a street shall be a reasonable minimum but in no case be less than
one-half of one percent and shall not exceed seven percent on major arterials, eight
percent on secondary arterials, ten percent on collector streets, or twelve percent on any
other street. No grade shall be less than one-half of one percent at the gutter. Vertical
and horizontal curves shall be so designed as to give nonpassing distance visibility in
conformance with the following minimum requirements:
Vertical Horizontal
Classification Curve Curve
Primary arterial 500 feet 500 feet
Secondary arterial 500 feet 500 feet
Business or industrial street 500 feet 500 feet
Collector street 300 feet 300 feet
Minor street 300 feet 300 feet
Cul-de-sac 100 feet 200 feet
(b) Variations from the required grades or curves may be permitted by the
director and the director of public works where advisable to meet unusual
conditions and the director of public works may specify additional standards
accordingly."
3. Add new Section "3", which includes a new section 23-58B
regarding "Publication of notices."
"SECTION 3. Chapter 23, article 4, division 1, Hawaii County Code, is
amended by adding a new section 23-58B to read as follows:
Section 23-58B. Publication of notices.
The director shall publish, on a semi-monthly basis, a list of all applications
accepted under this section in at least two newspapers of general circulation in the
County. The list shall include the name of the property owner, the tax map key
number(s) of the property, the land area, the number of lots proposed, and any other
information deemed useful by the director."
This is a new requirement which was added to ensure that the public is
notified of pending subdivisions in the County.
4. Renumber Sections "3" to 119" to Sections 114" to 6610".
5. Amend Section "5", by adding the following language to
section 23-62(e), shown in italics below.
"(e) The director's deferral of a subdivision for further review under subsection
(a) constitutes an acceptance of the contents of the preliminary plat as submitted, and the
director's issuance of tentative and final subdivision approval is valid despite the failure
of the preliminary plat to include all of the information specified in sections 23-63 to 23-
66, provided that there has been actual compliance with the substantive requirements of
this chapter and chapter 25, zoning code. The director may require the subdivider to
submit supplementary information prior to tentative or final approval and may condition
tentative or final approval on the submission of such information and on the performance
of conditions attached to the tentative approval."
The new language clarifies that the applicant must still comply with the
substantive requirements of the subdivision and zoning codes, in cases when the Planning
Director waives or defers some requirements at the time of preliminary subdivision
approval. The new language also makes clear that, prior to being granted final
subdivision approval, the applicant must still submit any substantive information that the
Director requires and comply with all of the conditions of tentative subdivision approval.
6. Amend Section "6", by adding the following language to section 23-
64(5).
"(5) Zoning on and adjacent to the tract, provided that if the information required
by subsection (3) is not shown, it shall be made a condition of tentative approval, and
tentative approval shall also require drainage improvements pursuant to section 23-92 or
their equivalent."
The new language clarifies that if any of the requirements of the preliminary plat
are waived by the Planning Director, these requirements will become conditions of
tentative subdivision approval and not simply be ignored. Drainage improvements
pursuant to section 23-92 shall also be required for tentative subdivision approval.
7. Amend Section 116", by adding the following language to section 23-
66(5).
"[(6)](5) Parcels of land proposed to be dedicated to public use, and the
conditions of such dedication, provided that if the information required in subsections (3)
and (4) is not shown, water supply, sewage disposal, and drainage shall be determined by
conditions of tentative approval.[;-and"
The new language clarifies that if requirements regarding water supply, sewage
disposal, and drainage are waived at the time of preliminary plat approval, these
requirements will become conditions of tentative subdivision approval and not simply be
ignored.
8. Amend Section "7, by making the following amendment to
section 23-73, shown in italics below.
"Section 23-73. Technical review.
Within [five] thin days after receipt of the final plat and other data, the director
shall submit copies of the final plat and other data to the director of public works,
manager, [sanitai-y engineer] State department of health and district engineer when the
subdivision involves state highways for review of the final plat with the director. The
final plat shall be examined as to whether it is substantially similar to the approved
preliminary plat and whether it is technically correct. The information on the final plat
shall also be verified by entering upon the respective subdivision where deemed
necessary by the director. If there is a variance, the subdivider shall he advised by the
director of the changes or additions that must be made and given an opportunity to make
corrections. The director's submission of copies of the final plat to other reviewers
constitutes acceptance of the contents of the final plat, provided that the director may
request supplementary information and may require the subdivider to correct errors
prior to the issuance of final subdivision approval, and after final approval pursuant to
section 23-74(c). (andfhelThe director's issuance of final subdivision approval shall be
valid despite the absence of technical information as required by section 23-69(l) and (3),
or the absence of similar technical but non-substantive information required by sections
23-69 and 70."
The new language allows the Planning Director to request corrections to the final
plat prior to, or after final subdivision approval, pursuant to section 23-74(c).
Please accept the attached Draft 5 of Bill No. 246, which passed second and final reading
at the June 5, 2006 Council meeting.
If you have any questions regarding Draft 5, please do not hesitate to contact me.
Att.
PH/lc