2024-10-04 Planning Director Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

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1. The Director Properly Provided Declaratory Rulings on the Requests Within His Jurisdiction The Director determined that the following requests were within his jurisdiction pursuant to the PRPP Rule 3 because the requests cited to a specific ordinance and applied to the facts of the case: Dedication Requirements: Request 1: Whether the express terms of Ordinance 96-7 require the dedication of the Mauka Halekii Extension, Makai Haleki`i Extension, or Connector Road? Request 2: Whether the express terms of Ordinance 96-8 require the dedication of the Mauka Halekii Extension, Makai Haleki`i Extension, or Connector Road by a date certain or any milestone in the development of Hokuli`a? Construction Standards: Request 1: Whether the express terms of the Ordinances set specific construction standards to which the Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road must be built to? Request 2: Whether the express terms of the Ordinances require compliance with Sections 23-86 and 23-95 of the Hawaii County Code for the Halekii Extension, Makai Halekii Extension, and Connector Road? Request 5: Whether the express terms of the Ordinances prohibit variances under Chapter 23 for the Haleki`i Extension, Makai Haleki`i Extension, and Connector Road? Variances Under Chapter 23: Request 3: Can a roadway subject to a properly granted variance from Sections 23-86 and 23-95 of the Hawaii County Code be in full compliance with Chapter 23? Request 4: If a roadway subject to a variance is otherwise in full compliance with Chapter 23, can the County accept dedication of the roadway under Section 23-10 of the Hawai`i County Code? Request 5: Can a roadway subject to a variance from Sections 23-86 and 9