2009-03-20 TGRACECHURCH - Laserfiche WebLink

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of Palani Road for two days, and complete closure of Palani Road for five nights, to permit work on moving the utility poles and lines. Unfortunately, those poles and lines appear to remain where they were, even after the closures. Left turns into the property are still permitted, and services are being held without final subdivision approval and without a certificate of occupancy. So what are the legal effects of Ordinance 98-8? It permits the Planning Director to grant only an initial extension of time for the performance of conditions. Here, that initial extension was granted in 2003, and the ordinance by its terms, of course, does not permit any additional extensions. So neither you nor the Planning Director has authority to permit a second extension. To do so would in effect amend the ordinance, which can be accomplished only, as you know, by the County Council. In summary, I have outlined the long history of this project, highlighting the, what we call, unconscionable failure to complete the required roadway improvements within the original five- year time deadline, the five-year initial extension that was granted in September 2003, or the six months following the September 2008 request for a second extension. I have also noted that recent work spurred perhaps by our committeeÓs inquiries and the MayorÓs interest in the situation, has not significantly advanced the project, and that the applicant continues to occupy the premises without an occupancy permit, nor have there been any actions taken, such as prohibiting left turns into the property, to at least temporarily reduce the traffic safety concerns. Finally, I have drawn attention to the provisions of Ordinance 98-8 that clearly prevent this Commission and the Planning Director from granting a second extension. So what to do? Assure that how to assure the necessary safety improvements and roadway repaving are promptly completed is what we are after. Let me suggest that you deny this request for an extension as not within your power, and of course refer the matter to the County Council with a recommendation that it consider amending the ordinance to permit an additional extension of limited duration, and I emphasize, limited duration Î itÓs been over eleven years Î perhaps until October 1 of this year, require a substantial performance bond to assure timely completion of the work. And in the meantime, left turns in and out of the property should be absolutely prohibited, and the matter of occupancy without a permit should be referred to the appropriate department for consideration and review and possibly fines. Mahalo for your attention to our concerns and to the need to improve the safety of our roadways. Those of you who have traveled that piece of Palani Road know that 1) it wasnÓt repaved when the rest of Palani Road was repaved, because the church was supposed to do that and widen it, 2) you all know that when a car is waiting to make a left turn into that property, if there is oncoming traffic, cars traveling south on Palani Road coming down the hill will approach a curve and not see the cars waiting to make a left turn into the property until perhaps too late before they rear-end them; thatÓs the problem, thatÓs the problem. So we need you to pay particular attention to these traffic concerns. And IÓll be happy to respond to any questions you have. Thank you. WOODWARD: Thank you very much for your testimony, sir. We do appreciate it. And believe me, this does play a significant role in our decision. Do we have any questions for Mr. Gimpel? Seeing none, you may be seated, sir. EXHIBIT A 4