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HomeMy WebLinkAboutCOM 0017.000 2014-2016William P. Kenoi Mayor Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director County of Hawaii Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961 -8211 • Fax (808) 961 -6553 KONA: 74 -5044 Ane Keohokalole Hwy., Bldg. C • Kailua -Kona, Hawaii 96740 (808)323 -4444. Fax(808)323 -4440 r_j a'7 November 3, 2014 -- J J Yoshimoto, Council Chair ;1 and Members of the County Council Uq -- County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: SUBJECT: Planning Director Initiated Amendment to Chapter 25 (Zoning Code), Article 5 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Zoning District Regulations for Dwellings Within the Industrial — Commercial Mixed (MCX) Zoning District ✓County Council Initiated (Bill No. 266) Amending Chapter 23, Article 4, Section 23 -58 and Article 5 Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, As Amended), Relating to Submission of the Preliminary Plat and Final Plat for an Application for Subdivision As required by Chapter 7, Sec. 6 -7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward and Leeward Planning Commissions' letters and enclosures regarding the above - referenced request. Sincerely, WILLIAM P. KENOI Mayor Enclosures cc: Planning Department Conim. No. 1-7 Rpf. "ro: PL County of Hawaii is an Equal Opportunity Provider and Employer. R(--f. Date 0 EC 0 5 MIA County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone(808)961 -8288 • Fax(808)961 -8742 NOV 3 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: County Council Initiated (Bill No. 266) Amending Chapter 23, Article 4, Section 23 -58 and Article 5 Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, As Amended), Relating to Submission of the Preliminary Plat and Final Plat for an Application for Subdivision The Windward Planning Commission, at its duly held public hearing on October 2, 2014, considered County Council Initiated Bill No. 266 amending Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, as Amended) relating to the submission of the preliminary plat and fmal plat for an application for subdivision. The Commission voted to forward a favorable recommendation of Bill No. 266 to the County Council on the request. We are enclosing copies of the Planning Director's Background and Recommendation and the transcript of the hearing for your information. S cerely, �L Myl s Miyasato, Chairman Windward Planning Commission LCouncilinitiatedbillno269.wpc Enclosures cc: Planning Department - Kona Hawai `i County is an Equal Opportunity Provider and Employer County of Hawaii LEEWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 NOV 3 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: County Council Initiated (Bill No. 266) Amending Chapter 23, Article 4, Section 23 -58 and Article 5 Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, As Amended), Relating to Submission of the Preliminary Plat and Final Plat for an Application for Subdivision The Leeward Planning Commission, at its duly held public hearing on October 16, 2014, considered County Council Initiated Bill No. 266 amending Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, as Amended) relating to the submission of the preliminary plat and final plat for an application for subdivision. This amendment would require the preparation of both the preliminary and final plat maps by a surveyor. The Commission voted to forward a favorable recommendation of Bill No. 266 to the County Council on the request. We are enclosing copies of the Planning Director's Background and Recommendation and the transcript of the hearing for your information. Sincerely, Brandi Beaude , Chairman Leeward Planning Commission LCouncilinitiatedbillno266.lpc Enclosures cc: Planning Department - Kona Hawai `i County is an Equal Opportunity Provider and Employer BR- Mnitiated- Bi11266Prelim Plat requirements.doc- 09/26/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND AND RECOMMENDATION COUNTY COUNCIL INITIATED BILL NO. 266 AMENDMENT TO CHAPTER 23, ARTICLE 4, SECTION 23 -58 AND ARTICLE 5 SECTION 23 -68 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SUBMISSION OF THE PRELIMINARY PLAT AND FINAL PLAT FOR AN APPLICATION FOR SUBDIVISION The Hawaii County Council has introduced Bill No. 266 that seeks to amend Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to submission of the preliminary plat and final plat for an application for subdivision. The purpose of these revisions is to require the preparation of both the preliminary and final plat maps by a surveyor. BACKGROUND 1. The County Council proposes Bill No. 266 (Planning Department Exhibit 1) to amend Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to submission of preliminary and final plats for subdivision. 2. Chapter 23 of the Hawaii County Code is the Subdivision Code, that defines a "plat" as a "map or drawing on which the subdivider's plan of subdivision is presented and which he submits for approval." 3. A "preliminary plat" is the initial map or drawing of the proposed subdivision containing general information such as the name of the subdivision, the approximate lot layout, lot sizes, and existing site conditions such as location of existing and proposed streets and easements, waterlines, watercourses, and existing uses, among other items. The preliminary plat is utilized by the Planning Department and other reviewing agencies for review and comment in accordance with applicable government regulations. The preliminary plat map is the basis for "tentative subdivision approval ", should the proposed subdivision conform to all applicable government regulations. 4. A "final plat" is the map or drawing that incorporates the information required on the preliminary plat map, along with all other relevant information or revisions required by the tentative subdivision approval. 5. An earlier Bill No. 182, with good faith effort, was proposed by the County Council in an attempt to require site inspections for all subdivision applications as a means to verify the accuracy of information presented on a subdivision plat. However, as explained in the Planning Director's background and recommendation report regarding this earlier bill, the preparation of a preliminary plat is the responsibility of the applicant. Revisions to the preliminary plat and preparation of the final plat are based on review by applicable agencies using their staff expertise. Further, requiring a site inspection for every subdivision application would be not be a practical use of Planning Department staff time. Simple consolidations and small lot subdivision may not require site inspections. In addition, a number of software programs, such as Google Earth, GIS, and Pictometry are available to assist agencies in identifying general characteristics of affected properties without having to physically inspect each site. 6. The earlier Bill No. 182 did not receive favorable recommendation by both Planning Commissions and also failed to pass the County Council. 7. The current Bill No. 266 proposes to amend Section 23 -58(a) of the Subdivision Code to require that a surveyor prepare, stamp, and sign the preliminary subdivision plat. Requiring the preliminary subdivision plat to be prepared by a surveyor, upfront as a submittal with the application, will help to address concerns and support accuracy of these plat maps. 8. Bill No. 266 also proposes 2 other amendments. As a housekeeping amendment, Section 23 -58(a) proposes that, rather than eight (8) copies, ten (10) copies of the preliminary plat and other supplementary materials be submitted to provide an adequate number of copies for agency review. This amendment would be consistent with what is already requested on the Subdivision Application. 9. In addition, Bill No. 266 proposes an amendment to Article 5, Section 23- 68(a), to clarify that a surveyor (not an engineer) prepares, stamps, and signs the final plat in accordance with Hawaii Revised Statutes. -2- ANALYSIS According to Hawaii County Code, Chapter 23 (Subdivisions), Bill No. 266 is an effort to address concerns regarding the accuracy of information depicted on subdivision plats by requiring a surveyor to prepare the preliminary plat and increasing the number of copies of the preliminary plat to be submitted to the Planning Department for review. RECOMMENDATION For the reasons detailed above, the Planning Director recommends that the Planning Commissions send a favorable recommendation of Bill No. 266 to the County Council. IRII J YOSHIMOTO Chair & Presiding Officer Council District 2 PLANNIN�TMI V 000 WAJI (808) 961 -8272 Fax: (808) 961 -8912 N � Ey ail *c�,irr�g21co.hawaii.hi.us HAWAII COUNTY COUNCIL Count) of Hawai'i Hawaii County Building 25 Aupuni Street, Suite 1402 Hilo, Haiaai 'i 96720 TO: Duane Kanuha, Director Planning Department FROM: (i J Yoshimoto, Chair n Hawaii County Council DATE: September 9, 2014 SUBJECT: Referral of Bill 266, an ordinance amending Chapter 23, article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983 (3005 Edition, as amended), relating to submission of the preliminary plat and final plat For an application for subdivision. Pursuant to Section 25 -2 -43 (b) of the Hawaii County Code, I am submitting Bill 266 for your comment and recommendation and request that you forward same to the Windward and Leeward Planning Commissions for their comment and recommendation. For your infon-nation, Bill 266 was referred to the Planning Director and the Windward and Leeward Planning Commissions via vote of the Council's Planning Committee on July 17, 2014. Unfortunately, due to district staff transition and shortage, no letter of transmittal was forwarded to the department "thank you for your attention of this matter. J Y /el Enclosures - 1 cc: Daryn Arai, Planning Program Manager fir..' SAS ' P i 1 20 alt 110 0 Hatirai'i Count)- is an Equal Opportuniti, Provider and Elnplot-er FA� " - :1i,t. �vos COUNTY OF HAWAII •�� STATE OF HAWAII BILL NO. 266 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 4, SECTION 23 -58 AND ARTICLE 5, SECTION 23 -68 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO SUBMISSION OF THE PRELIMINARY PLAT AND FINAL PLAT FOR AN APPLICATION FOR SUBDIVISION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 23 , article 4, division 1, section 23 -58 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23 -58. Application for subdivision; plat and plans submitted by subdivider. (a) The subdivider shall submit a written application for subdivision, a preliminary plat[;] prepared, stamped and sis fined by a survp r and other supplementary material required to describe the nature and objectives of the proposed subdivision, and shall submit f ei&] ten copies, or more if requested by the director, of the preliminary plat and other supplementary material to the director. (b) All pertinent information on the preliminary plat shall be drawn to scale. (c) Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the director may require a sketch of a tentative layout for streets in the unsubdivided portion. (d) Application for Resort Subdivision. The subdivider may file an application for resort subdivision. An application for resort subdivision may either be filed under this section or under any other provision of this chapter. If an application for subdivision is filed under this section, it shall be clearly designated as such. Such application shall, in addition to all other information to be submitted with the subdivision application, preliminary plat and other supplementary material, include the following: (1) A statement acknowledging that all improvements will not be approved for dedication unless and until such improvements satisfy all of" the requirements for dedicable improvements. (2) A description of the provisions made for permanent maintenance of the private roadways within the proposed resort subdivision. (3) A description of how subsequent owners of the property will be notified ol' the private nature of the improvements and maintenance responsibilities." SECTION 2. Chapter 23, article 5, s ection 23 -68 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 23 -68. Drafting of final plat. (a) .] A surveyor shall prepare stamp and sign the final plat in accordance with the provisions of this chapter and sections 502 -17 502 -18 and 502 -19 Hawaii Revised Statutes as amended. (b) The scale and sheet size utilized on this drawing shall be the same as required under section 23 -59, and dedication or other written material shall be submitted on supplemental sheets. (c) If the final plat, following approval by the director, is to be filed with the land court for recordation, it shall comply with all requirements specified under the rules of the land court for land court subdivisions." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4.1 f any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. I- Iawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: F ffective Date: REFERENCE Comm. 937 INTRODUCED BY: COUNCIL MEMB OUNTY OF IIAWAH 2 BUILDING § 5 -71 Article 3. Installation Requirements. Section 5 -71. Amendments to adopted International Building Code. The International Building Code, 2006 Edition, adopted and incorporated by reference into this code as provided in section 5 -3 of this chapter, shall be subject to the amendments hereinafter set forth. (1) Amending Section 202. Section 202 is amended by adding the following definitions: "BUILDING. A building is any structure used or intended for supporting any use or occupancy. The term shall include but not be limited to any structure mounted on wheels such as a trailer, wagon or vehicle which is parked and stationary for any 24 -hour period, and is used for business or living purposes; provided, however, that the term shall not include a push cart or push wagon which is readily movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or vehicle, used exclusively for the purpose of selling any commercial product therefrom, which hold a vehicle license and actually travels on public or private streets. BUILDING OFFICIAL is the director of the County department of public works or the director's authorized deputy. CARPORT is a private garage which is at least 100 percent open on one side and with 50 percent net openings on another side or which is provided with an equivalent of such openings on two or more sides. A private garage which is 100 percent open on one side and 25 percent open on another side with the latter opening so located to provide adequate cross ventilation may be considered a carport when approved by the building official. EXISTING BUILDING is a building for which a legal building permit has been issued, or one which complied with this Code in effect at the time the building was erected. FAMILY shall be as defined in the Zoning Code except that a nursing, care home, or other similar facility with not more than five patients may be considered a family under this code. FIRE CODE. The State Fire Code as adopted by the Stale Fire Council." (2) Amending Section 308.2. Section 308.2 is amended to read as follows: "308.2 Group 1 -1. This occupancy shall include buildings, structures or parts thereof housing more than 16 persons, on a 24 -hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services in an assisted living facility. 5 -21 SUPP.14 (7 -2012) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 2, 2014 A regularly advertised hearing on the matter of County Council Initiated Bill No. 266 was called to order at 9:33 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, Donald Ikeda, Raylene Moses, and Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Margaret Masunaga (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Jackson (Staff Planner), Christian Kay (Staff Planner) and Sarah Hata - Finley (Commission Secretary). And approximately 2 people from the public in attendance. INITIATOR: COUNTY COUNCIL (Bill No. 266) County Council Bill No. 266 amending Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to submission of the preliminary plat and final plat for an application for subdivision. The purpose of these revisions is to require the preparation of both the preliminary and final plat maps by a surveyor. MIYASATO: Okay, last item on the agenda. County Council Bill No. 266. ARAI: Thank you, Mr. Chairman. Good morning, Commissioners. MIYASATO /MOSES: Good morning. ARAI: You may have recalled back in April of this year, the County—we brought a Council initiated bill before you, Bill No. 182, that attempted to require or mandate site inspections for all subdivision applications filed with the County. And, the purpose of it was to allow the Planning Department to verify the accuracy of information presented on a preliminary subdivision plat map. You may have recalled that at that point, the Director offered an unfavorable recommendation on, regarding Bill 182, because we felt that it was the responsibility of the applicant to provide the necessary information on the preliminary plat as well as to verify its accuracy. And, we also expressed a concern that requiring a site inspection for every single subdivision application filed with the County would not be a practical use of Planning Department staff time. There are also additional opportunities, by software for example, such as Google Earth, GIS, and Pictometry, that are available to assist the agencies in identifying general characteristics of these affected properties without having to physically inspect each and every single proposed subdivision site. As part of the Director's unfavorable recommendation offered to you, the Director did make a suggestion that the Code, the Subdivision Code be amended to require that the preliminary plat map be prepared by a licensed surveyor whereas currently, the Code does not require it. However, in the Commission, in its action back in April, did forward an unfavorable recommendation - -both Leeward and Windward Planning Commission - -to the County Council but did not include the Director's suggestion on amending the Code to require a licensed surveyor to prepare the preliminary plat. The Council basically is offering the current Bill 266 to help address those concerns that were expressed which originally mandated a site inspection of every application, and Bill 266 basically takes upon the Director's suggestion to you back in April that the Code be amended to require a licensed surveyor to prepare that preliminary plat map. Bill 266 also would increase the number of copies provided to the Department from eight to ten copies and to specify that it is surveyor that woulda licensed surveyor that would prepare the plan, not an engineer. So, just to give you a little bit of background of why we think this alternative, Bill 266, is a much better alternative than the previous Bill 182 is because in 2012, we had 67 subdivision applications submitted to the Department, consolidation applications 22; 2013 that number increased to 92 subdivision applications with consolidation applications counting for 29 of them; and as of today's date, we have 93 subdivision applications submitted and about 18 consolidation actions. To give you also another perspective, back in the mid- 2000's I believe, subdivisions alone, we were running close to 250 applications, so you can guess as to the effort that would be needed by the Department if we were mandated to site inspect every single project site. So, we believe 266 is a reasonable compromise and for that reason, the Director is recommending that the Commission send a favorable recommendation of Bill 266 to the County Council. With that, I stand ready to answer any questions you may have. MIYASATO: Commissioners, any questions? I have a question. Even with surveyor's drawing for the preliminary, it goes through, the applicant is still not obligated to do that exact plan. Is that correct? ARAI: Could you repeat that, I'm sorry. MIYASATO: Even with the surveyor's certified drawing, once he gets approved, he still can move things around. It's just a preliminary. ARAI: The preliminary plat will provide the general layout at which time the plat, the preliminary plat is then circulated amongst various reviewing agencies such as Department of Health, Department of Water Supply, Public Works, and State Department of Transportation. Those agencies would then comment back to the Planning Department, and the Department N would then determine whether or not a revised preliminary plat is necessary to adjust the property lines in case there's some inconsistencies or non - compliance, or whether the Department will issue what they call Tentative Subdivision Approval, which basically approves the general layout as presented. So, once Tentative Subdivision Approval is issued, then generally, we do not ask that the proposed lot layouts get reconfigured because reconfiguring would prompt us to go ahead and re- circulate to the agencies all over again to make sure that the adjustments do not run afoul of any of their particular requirements. MIYASATO: I guess what I'm trying to get at is, because it's preliminary, is it still conceptual? ARAI: Yes, upon initial filing, it's still conceptual, yes. What will eventually lock it in place is upon issuance of Tentative Subdivision Approval, one of the requirements is that the applicant submit a final plat map which also must be prepared by a licensed surveyor, and it is that final plat map which would basically lay out the final boundary configurations. MIYASATO: Okay, I guess what my concern is sometimes I don't feel one shoe fits all. I can see the reasoning behind this for an 80 -unit subdivision, but you know, if you have grandma that wants to subdivide for her kids, she's on a fixed income, and she just wants to do a 4 -lot subdivision, just the added cost for the preliminary, where she'd be able to just do a sketch drawing versus a surveyor's cost, I guess for me, I would want to see triggers after a density of so much, then this would come into play. I just don't feel - -I don't feel one shoe fits all. ARAI: I think I understand where you're going with this. The reason why each and every subdivision plat map, whether preliminary or final, we're recommending that it be prepared by a licensed surveyor, is because based on the final map that is approved by the County, that map would then result in the generation of specific deeds to each and every single newly created lot, and those deeds must be borne out of the boundary descriptions, because if you were to look at a subdivision plat map, it has all these courses lined out on it, and points lined out on it, and those then gets transferred to written description which is then made a part of the deed. So, you can understand the accuracy that is required because it's then going to be part of a legal document that transfers title to a particular individual. There's a whole bunch of other information that's on a plat map, whether preliminary or final, and that could include water courses. Like, where are the drainageways? Where are the flood zones? Where are the utilities and the road boundaries? So, a lot of specific information that must be —which is why we demand that it must be prepared by a licensed professional. MIYASATO: In the preliminary? ARAI: And the final as well. MIYASATO: I can see the final. Okay, yeah, I just don't feel one shoe fits all, but I can see the reasoning behind this for —of bigger densities, you know, subdivisions. I just have concerns with grandma who just wants to break up her little lot for her kids, yeah, and the added cost. Okay, thank you. Do we have any testifiers? No? If not, any questions? Any further questions for staff? Any discussion on this application? If not, I'll accept a motion. MOSES: I make a motion to send a favorable recommendation for Bill No. 266. Is there anything else I need to say to that, Daryn? ARAI: For the reasons as recommended by the Planning Director. MOSES: For the reasons as recommended by the Planning Director. HENKEL: Second. MIYASATO: Moved by Commissioner Moses, seconded by Commissioner Henkel. Any discussion on the motion? If not, call the roll. ARAI: Thank you. Commissioner Moses? MOSES: Aye. ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Heaukulani? HEAKULANI: Aye. ARAI: Commissioner Ikeda? IKEDA: Aye. ARAI: Commissioner Ono? ONO: Aye. ARAI: And Mr. Chairman. MIYASATO: Aye. ARAI: Mr. Chairman, favorable motion carries with six aye votes. The discussion ended at 9:45 a.m. Respectfully submitted, Sarah Y. Hata - Finley, Secretary Windward Planning Commission C! LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 16, 2014 A regularly advertised hearing on the COUNTY COUNCIL INITIATED AMENDMENT TO CHAPTER 23 OF THE HAWAII COUNTY CODE, RELATING TO SUBMISSION OF PRELIMINARY PLAT AND FINAL PLAT was called to order at 09:40 a.m. in the West Hawai `i Civic Center, Community Center, Building G, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii, with Chair Brandi Beaudet presiding. COMMISSIONERS PRESENT: Brandi Beaudet, Thomas Hickcox, Collin Kaholo and Keith Unger ABSENT AND EXCUSED: Barbara Nobriga and Thomas Whittemore ALSO PRESENT: Duane Kanuha (Planning Director), Amy Self (Deputy Corporation Counsel), Jeff Darrow (Planner), Maija Jackson (Planner) and Noriko Sauer (Commission Secretary) And three people from the public in attendance. INITIATOR: COUNTY COUNCIL (Bill No. 266) County Council Bill No. 266 amending Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawai `i County Code 1983 (2005 Edition, as amended), relating to submission of the preliminary plat and final plat for an application for subdivision. The purpose of these revisions is to require the preparation of both the preliminary and final plat maps by a surveyor. BEAUDET: Moving right along, second agenda item, initiated by the County Council, Bill No. 266, County Council Bill 266 amending Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawaii County Code 1983. Staff? JACKSON: Thank you, Mr. Chair. I don't have a presentation for this bill because it's fairly straight forward. The County Council initiated Bill 266 to require a licensed surveyor to prepare, sign and stamp the preliminary plat. Currently, a licensed surveyor is only required to prepare, sign and stamp the final plat. And just to give you a little background, a plat is a map that the applicant submits to Planning in order to subdivide or consolidate their property. The plat shows things like the lot layout, the lot sizes, location of roads, location of water courses. And then the Planning Department sends the preliminary plat to our reviewing agencies like Department of Water Supply, Department of Public Works, State Historic Preservation Division. They all provide comments related to their authority within the Code and laws, and then the applicant is required to revise the preliminary plat with those changes and then submit it as the final plat map, which is then approved by Planning. The purpose of this bill, if you recall, earlier in April of this year you saw a bill that was initiated by the County Council, and the bill was to require Planning Department staff to do a site inspection for every subdivision application. Their concern at the time was the accuracy of the plat maps that were being submitted to Planning; they felt like certain information wasn't shown accurately. So DRAFT that's why they wanted staff to go out and verify all the information on the plat map. The director had concerns with the bill at the time, and both Commissions voted to send an unfavorable recommendation to the Council at the time. The director's concerns were, you know, that it's primarily the responsibility of the applicant to hire professionals that can verify that the information that they submit is accurate. There was also a staffing resource concern; we get approximately 100 subdivision/consolidation applications a year, and to have staff go out and verify the information on each of those, particularly if it's a very large property, would be really difficult. So the current bill, Bill 266, is the director feels a nice compromise; it serves the intent of the original Council bill while also, you know, not putting a drain on staffing resources and really puts the responsibility to verify this information with the professionals that can, that are licensed to do that. So for that reason the director recommends a favorable recommendation be sent to the County Council for Bill 266. Are there any questions? BEAUDET: Okay? No questions, thank you. For the record, we still, there are no members in the audience who wish to testify. And if there are no further comments or questions of the staff, I would like to ask the Commissioners for a motion. HICKCOX: Mr. Chair, I move to close public testimony. BEAUDET: Thank you. I need a second. KAHOLO: Second. BEAUDET: Thank you. Moved by Commissioner Hickcox and seconded by Commissioner Kaholo to close this portion of the public testimony. With that, I'd like to ask for a motion from the Commissioners on this item. UNGER: I would like to make a motion to make a favorable recommendation to the County Council on the ordinance amending Chapter 25, Article 5 of the Hawai `i County Code, 2005 Edition, as amended, relating to zoning district regulations — oops, wrong one — County Council Bill No. 266 amending Chapter 23, Article 4, Section 23 -58 and Article 5, Section 23 -68 of the Hawai `i County Code 1983, relating to submissions of preliminary plat and final plat for an application for subdivision. The purpose of this revision is to require the preparation of both preliminary and final plat maps by a certified surveyor. BEAUDET: Thank you, Commissioner Unger. May I ask for a second? KAHOLO: Second. BEAUDET: It has been moved by Commissioner Unger and seconded by Commissioner Kaholo for a favorable recommendation be sent towards Bill 266 to the Hawaii County Council, JACKSON: Okay, with that, I'll take the roll call. Commissioner Unger? UNGER: Aye. JACKSON: Commissioner Kaholo? DRAFT KAHOLO: Aye. JACKSON: Commissioner Hickcox? HICKCOX: Aye. JACKSON: And Chair Beaudet? BEAUDET: Aye. JACKSON: Okay. The motion to forward a favorable recommendation passes, four -zero. The discussion ended at 9:46 a.m. Respectfully submitted, Noriko Sauer, Secretary Leeward Planning Commission DRAFT