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2007-05-24 TWAIKOLOAMAUKA
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2007-05-24 TWAIKOLOAMAUKA
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develop the project in phases; the first phase would consist of the makai portion, which would be <br />about 149, the balance would be as the market demands and hopefully within a 5-year period. <br />But the reason why the condition was written as the staff had proposed, “The second channelized <br />intersection improvements shall be provided prior to its use,” and we need to clarify, we have <br />some clarifying language to that, is that the tentative plan right now is that to provide the <br />appropriate water infrastructure to the site they basically need to construct major spine road that <br />goes all the way up over there; and then they’re going to bring the water tank down. But they <br />will not have a connection at the mauka end. And so the intent behind this condition was just to <br />say when and if they do the mauka subdivision and they’re going to actually punch through and <br />utilize that access point, then before they can actually use it, then the channelized intersection <br />has to be fully improved. So that’s was the intent. So in that regard, what we were going to <br />suggest was that the second page of the current recommendation that was provided by the <br />Planning Department, the last sentence would be amended to read as follows: it would read, <br />“The second channelized intersection improvements shall be provided prior to or in conjunction <br />with the opening or use of the project’s second access.” In so doing this allows the developer to <br />actually construct the road as close as they can to that area, so that they can get access to the <br />water system, but yet not be obligated at that point in time to put in a channelized intersection. <br />But they will put in a channelized intersection before they actually utilize it for the subdivision. <br />So that was the intent, Mr. Chairman. <br />Prior to the meeting too, I discussed it also with Ki Emler, your Department of Public Works’ <br />Engineering representative; and what we would like to suggest would be on Condition B, near <br />the end of the Condition B, the second to the last sentence would read, “Upon execution of such <br />agreement and/or filing of the security with the County, final subdivision approval for the subject <br />property or portions thereof shall be granted” – and this is really more grammatical – “in lieu of <br />the actual construction of required infrastructural improvements.” ’Cause I think that <br />grammatically it’s not correct. And then on the last new proposed amendment it would read, <br />“No occupancy shall occur until all of the infrastructure improvements covered by the bond or <br />surety have been constructed and approved by the County.” <br />GRAHAM: Okay. Do we have any questions from the Commissioners? <br />Commissioner Siracusa? <br />SIRACUSA: So that final one, instead of “no occupancy permit”, you’re saying “no <br />occupancy.” So the permit could be issued, and yet you still would not have anybody occupy <br />those homes until such time, right? <br />FUKE: Correct. You know, like the Zoning Code presently allows for -, when <br />you have a bonded agreement in place, what you’re doing is guaranteeing to the County that the <br />improvements all will be in by a certain period of time. However, you can start constructing <br />homes on that, but the Zoning Code says specifically that you cannot occupy the dwelling until <br />such time that all of the improvements have been completed. The reference here was to <br />occupancy permit, was after confirming with Mr. Emler, there is no such thing as occupancy <br />permit per se, so that’s the reason why for its deletion. <br />SIRACUSA: Okay. Thanks for clarifying that. Are we talking about a single-lane or <br />two-lane roundabout? <br />EXHIBIT C <br />6 <br /> <br />
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