HomeMy WebLinkAboutRES 544 Draft 01 2012-2014V OF M
COUNTY OF HAWAII STATE OF HAWAII
,T� Of•M'i,
RESOLUTION NO. 544 14
A RESOLUTION REQUESTING THE PLANNING DIRECTOR, MANAGER -CHIEF
ENGINEER OF THE DEPARTMENT OF WATER SUPPLY, AND PLANNING
COMMISSIONS TO REVIEW PLANNING DEPARTMENT RULE NO. 22-7 AND
CONSIDER EXPANDING ACCESS TO WATER VARIANCES FOR NEW
SUBDIVISIONS.
WHEREAS, Section 23 -84 of the Hawaii County Code 1983 (2005 Edition, as
amended) provides, in part: "A subdivision to be laid out after December 21, 1966 shall be
provided with water as follows:
(1) A water system meeting the minimum requirements of the County department of water
supply. "; and
WHEREAS, the Planning Department Rules of Practice and Procedure was amended on
February 15, 2006, to "provide criteria for the granting or denial of variances from sec. 23 -84 of
the Subdivision Code, which requires a water system meeting with the requirements of the
Department of Water Supply (DWS). "; and
WHEREAS, Planning Department Rule No. 22 includes Rule No. 22 -7, "No Further
Subdivision by Water Variance Allowed "; and
WHEREAS, Rule No. 22 -7 states in part: "There shall be no further variance from the
water supply requirements to allow later subdivision of lots in a subdivision created with a
variance under this rule. "; and
WHEREAS, while the Council appreciates the intent of Rule No. 22 to "ensure that new
lots, which ultimately may include homes, have safe water for drinking and fire protection," the
Council finds that Rule No. 22 -7 may unnecessarily infringe on a property owner's rights to
maximize the full potential of his or her land; and
WHEREAS, the Council believes that after eight years of implementation, a thorough
review and analysis of the efficacy and purpose of Rule No. 22 -7 is warranted, and if found to be
in the County's best interest, revisions should be applied to expand eligibility for property
owner's to apply for water variances to allow further subdivision of property without the burden
of constructing a costly water system; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
requests the Planning Director, in consultation with the Leeward and Windward Planning
Commissions and the Manager -Chief Engineer of the Department of Water Supply, to engage in
a thorough review and analysis of Rule No. 22 -7 of the Planning Department's Rules of Practice
and Procedure to determine if revisions to allow for expanded eligibility for applications for
water variances could be applied without causing detrimental impacts to the safety and welfare
of the County.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable William P/ Kenoi, Mayor; the Planning Director; the Leeward
Planning Commission; and the Windward Planning Commission; and the Manager -Chief
Engineer of the Department of Water Supply.
Dated at Hilo , Hawai`i, this 7th day of November , 2014.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on November 7, 2014
ATTEST
COUNTY CLERK
1
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
ROLL CALL VOTE
Reference:
C- 1072/PC -78
CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 544 14
PA
AYES
NOES
ABS
EX
EOFF
X
FORD
X
ILAGAN
X
KANUHA
X
KERN
X
ONISHI
X
POINDEXTER
X
WILLE
X
YOSHIMOTO
X
6
1
2
0
Reference:
C- 1072/PC -78
CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 544 14
PA