COM 0952.002 2022-2022 - Laserfiche WebLink

Home

the property has not sold and there is no formal agreement for cooperation. Should the sale not close or sell to another party,we can have no assurance that cooperation can be achieved. Conditions of Ordinance 10-02 enabling the development of lot 42 as a RS-10 subdivision were not met prior to the expiration of the time for performance. To date no application for an additional time extension has been submitted for that development and any request to develop that property would require review by the Planning Commission and/or the County Council. It should also be noted that Ordinance 10-02 had no requirement to develop one access to Hualalai Road in coordination with lot 43, however Condition H of that Ordinance stated: Roadway connections to adjoining parcels (TMK: 7-5-17: 41, 44, and 43) shall be provided. Further,the Draft Ordinance (2014 Bill 144)for the previously proposed RS-15 subdivision had no such requirement to coordinate with the neighboring planned development. Rather, a condition requiring connection to lot 42 was incorporated as a condition in that draft Ordinance. The applicant has no assurances as to if/how/when lot 42 will be developed and thus requiring that the applicant plan his project in conjunction with the development of lot 42 is an untenable condition. The applicant can only rationally commit to an action that he can control. Effectively,the owner of lot 42 could hold this project hostage under that scenario. As both of the proposed accesses to Hualalai Road (across lot 42 and lot 43) are planned extensions of existing streets serving the interconnectivity required by the Kona CDP, it is fair that the County require of any applicant proposing the second access to Hualalai Road to connect with an already entitled project. To this end the Applicant is fully willing to establish access along their property boundary such that future connection from lot 42 is possible. Access alternatives are shown on the attached Exhibit A. It should be noted that the planned access for the proposed development on parcel 42 would have occurred directly adjacent to the subject property's frontage on Hualalai Road. Our proposed revision to Condition G follows (underlined text is added and bracketed text is deleted). Proposed Revised Condition G: Hualalai Road,fronting the subject property, is identified as a collector road by the Hawai'1 County General Plan and therefore recommended to be improved to a 66-foot-wide right-of- way. Provided the Applicant constructs or participates in the construction of a single access to the project along the shared boundary between the subject property and TMK: 7-5-17: 42 such that connection to Hualalai Road is possible by parcel 42 and designs for access are prepared in consultation with owners ofparcel 42[Provided that the sole access to Hualalai Road is developed as a shared access, in coordination with development of the adjacent parcel to the west, identified as TMK(3)7-5-017:042], a future road widening strip equaling half the distance between the difference of the current and proposed 66-foot-wide right-of-way width along the property's Hualalai Road frontage shall be subdivided at the time of Final Subdivision Approval and dedicated to the County upon request of the Department of Public works at no cost to the County.