HomeMy WebLinkAboutCOM 0372.002 2014-2016Ted H.S. Honk
Attorney at Law
Employment, Workplace Law & Litigation
Sue Lee Loy
Planner and Legal Assistant
July 21, 2015
The Honorable Dru Kanuha and Planning Chair Gregory Ilagan
and Members of the Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
RE: BILL 69, An Ordinance Amending Chapter 25, Article 2, Division 4, Section
25-2-46 of the Hawaii County Code 1983 (2005 Edition, as Amended),
Relating to Concurrency Requirements.
Dear Chairman Kanuha, Planning Committee Chair Ilagan and Members of the Council:
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Thank you for introducing and allowing me the opportunity to review Bill 69, An Ordinance
Amending Chapter 25, Article 2, Division 4, Section 25-2-46 of the Hawaii County Code 1983
(2005 Edition, as Amended), Relating to Concurrency Requirements, scheduled for hearing by
the Planning Committee meeting on July 23, 2015. I appreciate the Planning Committee's
foresight and concern about the need to clarify Chapter 25, Article 2, Division 4, Section 25-2-46
of the Hawaii County Code.
Based on discussion held during the July 1, 2015, Planning Committee meeting with Department
Director Duane Kanuha and Deputy Corporation Counsel, Amy Self, there is an opportunity to
clarify the language in Section 25-2-46, to allow water catchment systems to be considered as a
"private water system equivalent." I support the Council's efforts to examine this clarification
and establish a clear policy allowing for water catchment systems in a change of zone
application.
Based on a review of proposed amendment, I respectfully offer the some suggestions:
(1) In the proposed amendment, paragraph (o), it appears that the word "rural" in the first
line be deleted. That term is not been defined in Section 25-2-46. The new sentence would read
as follows:
To facilitate involuntary partitioning or family agricultural subdivisions in areas
that are not currently served by a public water system.... .
Comm. No.
Ref. To: P PG
9Pf. Dote JUl. 3 X2049
Post Office Box 4217 Hilo, Hawaii 96720 Phone: (808) 933-1919 Fax: (808)935-8283 Email: ted@tedhonglaw.com
Letter to Planning Committee
July 21, 2015
Page 2.
(2) The 5"' line the line should read:
.. system, and which are designated in the agricultural and rural districts by the
state land use commission.
This would be consistent with the state land use commission regulations.
(3) Regarding new paragraph (p), may I suggest the Planning Committee add clarifying
language and include:
(p) To facilitate provisions of civil defense sirens', a zoning amendment
application....
This addition directly addresses civil defense coverage which would be integrated as part
of any zoning amendment.
(4) Based on the above suggested suggestions, the following are how my suggestions
could look in their entirety:
(o) To facilitate involuntary partitioning or family agricultural
subdivisions in ruraf areas that are not currently served by a public water system,
the council may waive the water supply requirements for zoning amendments in
areas that do not currently have a public water system, and where the department
of water supply has no plans to build a public water system, and which are
designated for in agriculture or and rural purposes by the state land use
commission and designated for agricultural purposes on the land use pattern
allocation guide map of the general plan; provide that conditions of zoning shall
require water supply and facilitates consistent with public health and safety needs
such as sanitation and fire -fighting, and further provided that such zoning
amendments are limited to a minimum of five acre lot sizes and for the specific
purposes of involuntary partition -in-kind, are the result of a quiet title cause of
action, or are to convey land to immediate family members.
(p) To facilitate provision of civil defense sirens, a zoning amendment
application or an application for an extension of time to...
Letter to Planning Committee
July 21, 2015
Page 3.
The Planning Committee and Council should be credited for seeing how the Concurrency Law
needs to be clarified to address the unanticipated consequences of a well intentioned law. The
clarification is needed to address the different circumstances that exist in different Council
Districts while preserving the intent and effect of the Concurrency Law.
Again, thank you for your continued leadership and effort to clarify the language of Section 25-2-
46 of the Hawaii County Code.
Respectfully,
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