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Communication 1539 <br />Bi11390 <br />Page 2 of 3 <br />The Planning Director also noted that in addition to amending Conditions "C" and "E," he <br />recommends that existing Conditions of Approval as contained in the ordinance be revised to <br />reflect current standard language relating to Conditions of Approval. <br />At the November 6, 2008 Planning Committee meeting, Susan Fisher presented testimony in <br />support of Bi11390 and Mr. William Moore appeared on behalf of the applicant. Council Chair, <br />Hoffmann made note that residents in the area have expressed concerns regarding the single <br />access on Ala Kahua Road and that the non-maintenance by the developer presents a very <br />dangerous condition. <br />Mr. Moore explained that the developer owns the road and have met with the Kohala Estates <br />Association to discuss Ala Kahua Drive. At one time he noted the road was offered to the <br />association and the response at that time was they didn't want to be bothered. On another <br />occasion, an offer was made by the owner to formally donate the road to the association and <br />therefore good faith efforts have been made to turn the road over to the association. <br />Chair Hoffmann noted that despite these efforts it was evident that the Association is not going <br />to take ownership of anon-maintained road especially considering questions of potential liability <br />and responsibility. Mr. Moore explained it is his understanding that under "Common Law" the, <br />users of the road are ultimately responsible for the road and that this particular issue would be a <br />legal question to be resolved. <br />Mr. Hoffmann stated he was only trying to address concerns expressed by his constituents that <br />their concerns are in fact going to have an impact on the subject property which applicant intends <br />to develop at the end of the Ala Kahua Road and that somebody has to address the idea of this <br />substandard road which will likely affect the value of applicant's property. <br />With regard to water conservation and preventing soil runoff Mr. Moore stated that the drainage <br />structure will be built so as not to interfere with natural drainage ways and will not impede flows. <br />Regarding lots that contain drainage ways, Mr. Moore stated these are 3-acre lots so sufficient <br />area exists to build without interfering with normal drainage ways. Mr. Moore said that part of <br />the proposed amendments also provide that development of lots within the subdivision are not to <br />cross drainage way and that there has been no physical improvement to the subject property thus <br />far. He also stated that although fair share costs were not included as part of the conditions for <br />the change of zone, applicant has agreed to be subjected to fair share costs should the Council <br />require applicant to do so. <br />PC Report No. 101 <br />