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

Home

1§46-1241 Negotiating development agreements. The mayor or the designated agency appointed to administer development agreements may make such arrangements as may be necessary or proper to enter into development agreements, including negotiating and drafting individual development agreements;provided that the county has adopted an ordinance pursuant to section 46-123. The final draft of each individual development agreement shall be presented to the county legislative body for approval or modification prior to execution. To be binding on the county, a development agreement must be approved by the county legislative body and executed by the mayor on behalf of the county. County legislative approval shall be by resolution adopted by a majority of the membership of the county legislative body. A development agreement is not a statute or ordinance, although a resolution by the County Council is required to bind the County. A development agreement cannot be construed as an order or rule of the Director or Department because the Director alone does not have the authority to bind the County in a development agreement. The Mayor's Rule authorizing the Director to administer a development agreement does not alter the nature of the agreement itself. The Development Agreement remains a contract between two (or more)parties and outside the scope of PRPP Rule 3-1 review. 4. The Director's Declaratory Rulings Related to Dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension and the Connector Road Are Not in Error The Director properly responded to the declaratory requests pertaining to the dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension and the Connector Road as set forth in Ordinances 96-7 and 96-8.3 Specifically, the Director stated: To the extent Initial Petition Question 4 and Supplemental Petition Questions 6 and 10 request an interpretation of the Ordinances' conditions as applied to the Project, those questions are within the Director's authority. 3 Ordinances 96-7 and 96-8 established the zoning for the Project's approximate 1500-acre master planned community. The Ordinances, in large respect, contain similar if not identical conditions for the rezoning of the Project, and have been read together as applicable to the entirety of the Project. See, e.g. County of Hawai`i v. C.&J. Coupe Family Ltd. P'ship, 124 Hawai`i 281, 302 (2010). 15