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

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5. The Director's Declaratory Statements Related to the Subdivision Agreements Between 1250 and the County Are Not in Error Nor Do They Violate the Law The Director did not err in referring to the subdivision agreements between 1250 and the County in ruling that the collective conditions of the Ordinances have not been satisfied. The Director's reference to the subdivision agreements and bonds for Phase I and Phase II of the Project was included to provide a brief procedural history describing how the Project got to its current state. The reference simply helps to answer the question: why did the County issue final subdivision approval for these phases if the roads were not yet fully constructed. See Conditions to Ordinances cited in ROA #105 at 392-394. 1250's arguments to the contrary are unsubstantiated. 1250 merely states "the ruling is erroneous and in violation of the law because, inter alia, it based upon an inaccurate, incomplete, and misleading factual history regarding the subdivision agreements and bonds." ROA #105 at 489. 1250, however, fails to provide any additional factual information to contradict the factual history in the record. So long as the roadways remain private, the collective requirements of the Ordinances remain unmet. Thus, the Director's rulings that 1250 has not yet complied with the collective requirements of the Ordinances should be affirmed. 6. The Director Did Not Err in Ruling Makai Haleki`i Extension and Connector Road Shall Meet the Approval of DPW 1250 asserts the Director erred in ruling that the improvements, including plans and construction, to Makai Haleki`i Extension and the Connector Road must be approved by DPW. ROA #105 at 489-490. This ruling, however, is not in error. The Ordinances specifically state "Roadway improvements and access(es) to the subject property, including all plans and construction shall meet with the approval of the Department of Public Works." ROA 105 at 47, 18