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

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determining that the subdivision agreements for Phase I and Phase II have not been satisfied; and, 4) erred in declaring the Makai Haleki`i Extension and Connector Road are to be constructed to a condition approved by the County's Department of Public Works ("DPW").1 1250, however, provides little, if any, basis for its allegations on appeal. The Director properly responded to the three declaratory requests, which pertain to the design, construction, and dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension and the Connector Road as set forth in Ordinances 96-7 and 96-8.2 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. Ordinance 96-7, Conditions M(4) and M( 5), require that"[p]rior to the issuance of Final Subdivision Approval for any portion of subject property", the applicant shall "construct" the Mauka Halekii Extension and Makai Halekii Extension and"provide" the Connector Road, and the phasing of the same shall be approved by DPW. Ordinance 96-7, Condition K, requires that, "prior to final subdivision approval, or any land alteration activity,"a"final comprehensive public access plan shall be developed"and include, inter alia, "public mauka- makai and lateral shoreline accesses." Ordinance 96-7, Condition L,requires the right to public access and recreational use of the Project's privately owned coastline park and trails be conveyed to the County by way of a perpetual easement. Condition L specifically requires the applicant to retain fee simple ownership of the shoreline park and,to the extent any roadway,trail or other rights-of-way become deemed a public highway or trail under HRS Ch. 264, Condition L shall no longer be applicable. Ordinance 96-8, Conditions L(4)and L(5), also require the construction of certain roadway improvements prior to the issuance of final subdivision approval for any portion of the Project,including construction of the Mauka Haleki`i Extension,Makai Haleki`i Extension 1 As to the remaining twenty-six (26)requests within Coupe's Petition, these Declaratory Rulings of the Director were not raised in this Appeal and are therefore deemed waived. Pele Defense Fund v. Paty, 73 Haw. 578, 613 (1993). 2 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). 6