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2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)
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2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)
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There are obvious, common-sense reasons why the County Council did not dictate the <br /> timing for the dedication of these roadways. These include, inter alia, the fact that the public <br /> was separately guaranteed perpetual access to the Shoreline Park under the Ordinances by way of <br /> a public access easement,3 and the fact that the purpose of the Connector Road and stub-outs is to <br /> allow for the extension of the Connector Road to potential future developments to the north and <br /> south. To this day, however, no such developments exist and they would likely face significant <br /> community opposition and entitlement hurdles if they are ever proposed. Ex. 105-18 at 1-6. <br /> Simply put, the Connector Road is essentially road to nowhere until future development is <br /> untaken and the Connector Road is extended across the adjacent properties to the north or south. <br /> 3. Construction Standards, Request 1. <br /> Construction Standards, Request 1 asked"[w]hether the express terms of the Ordinances <br /> set specific construction standards to which the Mauka Haleki`i Extension, Makai Haleki`i <br /> Extension, and Connector Road must be built to[.]" Ex. 105-2 at 13. The answer to this Request <br /> is no. Id. at 18. <br /> Neither Ordinance No. 96-7 nor Ordinance No. 96-8 set forth specific construction <br /> standards for the Mauka Haleki`i Extension, Makai Haleki`i Extension, or Connector Road. See <br /> Wells Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380 ("where the statutory language is <br /> unambiguous, our duty is to give effect to its plain and obvious meaning."). Nor do they <br /> reference any provision of HCC Chapter 23.4 Instead, the Ordinances provide only that: <br /> Roadway improvements and access(es) to the subject property, including all plans <br /> and construction, shall meet with the approval of the Department of Public <br /> Works. <br /> 3 Ex. 104-14 (recorded public access easement); Ex. 105-13 (same). <br /> 4 Ordinance No. 96-8 amended and superseded Ordinance No. 94-73. See Ex. 105-4 at 1. While <br /> Ordinance No. 94-73 contained a single reference to HCC Chapter 23 in connection with the <br /> Bypass Extension, it was deleted with the adoption of Ordinance No. 96-8. See id. at 25. <br /> 4881-6366-3335.6.051730-00058 16 <br />
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