COM 0687.044 2004-2006 - Laserfiche WebLink

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April 26, 2006 Board of Directors Page 2 FACTS As you know, the property that includes Makalei Estates and a portion of the proposed Palamanui development was rezoned from Unplanned to Agricultural (A-3a) by County Ordinance 850 effective February 15, 1983. With respect to a mauka-makai connector road, Ordinance 850 provided: (G) that the proposed 80-foot wide right-of--way and its improvements shall be extended to the Queen Kaahumanu Highway if and when any development occurs within the existing Conservation District portion of the parcel identified as TMK: 7-2-5-1 . Ordinance 850 at 3. County Ordinance 88-23 effective February 29, 1988 modified some of the conditions imposed upon the rezoning but did not affect condition (G) of Ordinance 850. County Ordinance 93-45 effective May 12, 1993 changed the second word of condition (G) from "the" to "a': (G) that a proposed 80-foot wide right-of--way and its improvements shall be extended to the Queen Kaalrumanu Highway if and when any development occurs within the existing Conservation District portion of the parcel identified as TMK: 7-2-5-1 . Ordinance 93-45 at 5-6. Despite the requirements of Ordinance 93-45, our information is that Makalei Drive was constructed as a 50-foot wide road with a maximum grade of 18%, and that no variance from the requirements of Ordinance 93-45 was obtained. Bills 224 and 225 proposed by the. Planning Department would change the conditions applicable to the Palamanui development and Makalei Estates. Bill 224 applies to 725.204 acres of the Palamanui development located makai of Makalei Estates. The Bill would change the zoning for Palamanui to Project District. With respect to the mauka-makai connector road, Bill 224 states as a condition that the "applicant shall comply with all conditions of approval of the State Land Use Commission's Decision and Order (Docket No. A03-744) dated May 19, 2005 {"LUC Order). Bill 224 at 1, condition B. The LUC Order provides in pazt as follows: 61]634.2