PD BACKGROUND REPORT (PL-REZ-2022-023)

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Mr. Zendo Kern, Director March 21,2022 Page 4 Slaughter.House Road. Prior to receipt of[a Certificate of occupancy] anal subdivision approvel the applicant shall improve the road and utility easements over TMK s 1-6-141: 001, 024, 027, and 028 to provide road improvements meeting the County Department of Public Works Standard Details R-33 and R-34 to include travel lanes, shoulders and drainage swales within a 60 foot wide right-of-way. The improvements within the 60 foot wide right-of--way shall be privately owned and maintained unless a road lot is created and dedicated to the County of Hawaii. " (Bracketed items to be deleted; underscored items to be added.) JUSTIFICATION OF REQUEST I. Requirements Applicable to Subdivision As noted earlier, the Plarm ng Department's staff report associated with the rezoning of the subject property from A-20a to MG-20,noted that "The General Plan and Suhdivision Code state that industrial streets shall have a right-of-way width of 60 feet with a minimum pavement width of 24 feet. " (Emphasis added) This was the basis for the Department recommending compliance with the Standard Detail R-33 and R-34. The requirement for the industrial or commercial level road is specifically triggered or called for in the Subdivision.Code. It is not necessarily triggered when one seeks a building permit for a permitted use. For example, if one were to construct a warehouse (industrial use)on a portion of a larger parcel,there would be no requirement for having a 24-foot wide pave road within a ba-foot right-of-way to access the warehouse. Likewise, if four(4) single-family dwellings were constructed on an acre of property zoned RS-I0, there would he no requirement to have a County approved road to each of the dwelling. However,in both situations, should the property upon which the warehouse is situated is to be subdivided from the balance of the property or the area of the four(4) dwellings are to be subdivided into four(4)lots,the Subdivision Code relative to access and associated infrastructure, even on a de facto basis,would have to be complied with. Likewise,the water requirement is driven by the Industrial Zoning and any subdivision based on that zoning designation. This requirement or standard, like the road improvement requirement,would not be applicable if a use were permitted with a Special Permit. Accordingly,you will note that neither the original Special Permit nor any of its extension included the language or requirements of Conditions E and 1.