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

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Mr.Zendo Kern, Director March 21, 2022 Page 5 The applicant is requesting similar consideration, i.e., that the road and water infrastructure improvements be deferred to the Subdivision and not Building permit processes. 2. Adeguacy of Road and Water Systems In this situation,the subject site has its access over an easement which conceivably could be considered a"street". However,the applicant maintains that the easement with its 18-foot wide paved road—while providing access- should be considered more as an internal roadway within a larger project rather than a street. It would be akin to a main access road within a retail complex, such as a Costco or a Shopping Center. To lend credence or support to this position,please look at Special Permit No. 842 for the adjoining property consisting of 14.5 acres, which was issued on June 7, 1993 for a brewery,water and soft drink bottling facility. (Exhibit A) Condition 6 relating to road improvements stated, "Access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall provide pavement improvements within the entire length of the roadway stab (TMK• 1-6- 141: 24) in a manner meeting with the approval of the Department of Public Works,prior to the issuance of a certificate of occupancy for the proposed development. "It did not have the language of Condition I. In conjunction with the issuance of the certificate of occupancy for the water bottling facility,the access was improved with an 18-foot wide paved road. The Windward Planning Commission subsequently considered a number of time extension amendments (last one occurring on October 3, 2018), and that condition has not changed,with the exception of the reference to the TMK and an editorial change from Condition 6 to Condition 5. (Exhibit Q The condition required— similar as the earlier one in concept-that "Access to the subject property shall meet with the approval of the Department of Public Works. The applicant shall provide pavement improvements within the entire length of the roadway stub Easement(409 and 412) in a manner meeting with the approval of the Department of Public Works,prior to the issuance of a certificate of occupancy for the proposed development." It should be noted that this is a private road that is not a through street. As such, the projected number of vehicles should be very low. Further,not being a through street minimizes speeding. Finally, its 18-foot wide paved roadway is more than adequate to accommodate emergency vehicles. The Special Permit and its amendments did not have any express condition relating to water. Water for fire protection is addressed via the Building Permit