HomeMy WebLinkAboutCOM 0331.001 2006-2008 ~,.<x~.ww
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Harry Kun Christopher J• Yuen
Mayor _ Direcror
•'~~~OF'Mr~' Brad Kuroicawa, ASLA
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~L121IYCf~? LXl ~2tfUMii DepuryDirector
PLANNING DEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(808) 961-8288 FAX (808) 961-8742
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April 18, 2007
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Lincoln Ashida, Esq.
Corporation Counsel
OFFICE OF THE CORPORATION COUNSEL ~ ~
101 Aupuni Street, Suite 325 ,
Hilo, HI 96720
Dear Mr. Ashida:
SUBJECT: REQUEST FOR LEGAL OPINION ON COUNCIL DECISION-
MAHING ON SUBDIVISIONS
Enclosed is a copy of a resolution, along with a cover letter, sent to Council on March 30,
2007, by council chair Pete Hoffinann. This resolution is supposed to be heazd at the
Council Planning Committee on May 1, 2007.
The cover letter and resolution speak for themselves, but in essence, they propose that the
subdivision code be amended so that at least some subdivision applications (those
involving seven or more lots) would need to be approved by ordinance rather than the
current process, which is administrative, with the Plarming Director issuing £mal
approval. The resolution contains a draft of a proposed amendment to the Subdivision
Code, and also asks the Planning Director to "prepare similar bills for ordinances to
provide for a discretionary permitting process for applications for new subdivisions of
seven or more lots...wherein the council is the final approving authority for such
developments."
This raises an important legal question about the division of authority between the
council and the planning department under the Charter.
Ordinarily, the council, as the legislative body, would have considerable latitude in
deciding the relative roles and responsibilities of the council and planning department in
the system of land use regulations, within the framework of the state enabling laws and
constitutional limits. And clearly, the council has the power to change the basic criteria
Comm. No. '3 3
Ref. To: PC
Ref. Date.~_23-2007
Hawaii County is an Equal Opportunity Provider and Employer.
Lincoln Ashida, Esq.
Corporation Counsel
OFFICE OF THE CORPORATION COUNSEL
Page 2 -
April 18, 2007
under which subdivisions are reviewed and approved, such as street standards, drainage
requirements, public access to the shoreline, and the like, by amending the subdivision
ordinance or by passing ordinances that apply to subdivisions generally.
The Charter states, though, in sec. 6-4.2, that the planning director shall:
"(e) Administer the subdivision and zoning ordinances and regulations adopted
thereunder.
(f) Render decisions on proposed subdivision plans pursuant to law."
By comparison, the Charter says that the planning director shall "make recommendations
on rezoning applications, special exceptions and other similar requests." Sec. 6-4.2(g).
The question is whether the Charter permits the council to pass an ordinance making
itself the body that decides on individual subdivision applications.
The proposed change, if adopted, would be a very important change to the land use
process and this basic legal issue is sure to come up at some point, so it would be better to
have this clarified at this early stage in discussions.
Sincere ,
CHRISTOPHER J. EN
Planning Director
CJY:pak
Wpwin60/Chris 07/Coryoration Counsel -Opinion -Subdivision Charter Law
Attachment
cc: Honorable Harry Kim, Mayor
Honorable Pete Hoffinann, Chair and Presiding Officer