COM 0687.044 2004-2006 - Laserfiche WebLink

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Apri126, 2006 Board of Directors Page 5 LEGAL ANALYSIS In part, at least, Bill 225 appears to be designed to carve Makalei Estates out of the conditions imposed upon Hiluhilu and its predecessor for the development of Palamanui. The deletion of the 80-foot wide right-of-way condition from Ordinance 93-45 is appropriate in the sense that such a right of way cannot be constructed through Makalei Estates in light of existing development. To the extent the other deleted conditions relate to items that aze no longer relevant to Makalei Estates or otherwise do not impact the subdivision, their deletion from Ordinance 93-45 would also appear to be in order. Unfortunately, the road construction obligations imposed upon Hiluhilu in Bill 224 do not resolve the outstanding mauka-makai connector issue. The LUC Order requires Hiluhilu to pay for a mauka-makai connector that connects to Mamalahoa Highway as Hiluhilu and the County may agree. But the only mauka- makai road expressly referenced in Bill 224 is Road 4 which is only partly located on Hiluhilu's property. Moreover, Road 4 is not required to be completed before the issuance of certificates of occupancy for Hiluhilu's project. As a result, it is likely that Makalei Drive will be used as a connector between Queen Kaahumanu Highway and Mamalahoa Highway in the Palamanui / Makalei Estates area until an alternate road is built. Makalei Drive is a 50-foot wide road that was not built to County azterial or collector street standards. The maximum grade is 18%, which is 11% greater than the grade allowed on major arterials and 8% greater than the grade allowed on County collector streets. Hawaii County Subdivision Code at Section 23-50. Nevertheless, the LUC Order contemplates the possibility that the mauka- makai connector will connect through Makalei Drive. The combined effect of Bills 224 and 225 appears to be to release Hiluhilu from the obligation to construct an 80-foot wide mauka-makai right-of--way within any fixed timetable. CONCLUSION Many of the conditions imposed on the developer in Ordinance 93-45 and deleted as to Makalei Estates by Bill 225 appear not to negatively impact the subdivision. To the extent Bills 224 and 225 release Hiluhilu from an obligation to construct an 80-foot wide right-of--way between Queen Kaahumanu Highway and Mamalakcoa Highway, and require Hiluhilu instead to share the cost of construction of a connector road on property it does not own at some unspecified future date, Bill 225 is more than a "housekeeping" bill. 611634.2