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<br /> Page 2 of 2 <br /> <br /> C <br /> Director were to change their determination, for whatever reason. Levels of service must be established <br /> through the legislative branch, not the administrative branch. <br /> <br /> "Concurrency Management." (2) and (3): This language creates a loophole that makes it possible for <br /> new development phases to be approved prior to construction if required capital improvements are <br /> financially secured by an acceptable surety. For instance, Hokuli'a Phase 1 was approved in 1999 <br /> upon the Mamalahoa Bypass Highway being financially secured. Phase 2 was approved in 2000, even <br /> though construction of the Bypass had not begun. The current Planning Director gave Phase 3 tentative <br /> approval in 2002, while construction of Phase 1 of the Bypass had only begun. Seven years after it was <br /> financially secured, the Bypass Highway has yet to be completed. Lesson: Build the capital <br /> improvement, THEN give approval to new development phase. (4) Legislation must set level of service <br /> standard and objective methods of determination in order to remove discretion. <br /> <br /> "Public Facilites Improvement Plan." Public facilities improvement plan should become ordinance in <br /> order to make concurrency ordinance legally defensible through argument of reasonable effort. <br /> Mahalo, <br /> Charles Flaherty <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 9/19/2006 <br />