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

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(stating the Director may issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Director of the Department). In addition, the Director did not err in ruling the Ordinances, taken together, require the Makai Haleki`i Extension and Connector Road be constructed to a condition approved by the County's Department of Public Works ("DPW"), and dedicated to the County. To the extent 1250 appeals the Director's examination of the Ordinances "in their entirety,"any error would be harmless because 1250 must comply with both Ordinances. Together, Ordinance 96-7 and Ordinance 96-8 directly state that the Haleki`i Extension and the Connector Road must be constructed to a condition approved by DPW and the roadways shall be dedicated to the appropriate government entity. To date,these roadways have not received approval by DPW for dedication purposes nor have they been dedicated the appropriate government entity. The declaratory rulings of the Director resulting from Coupe's Petition should be affirmed. B. Whether the Director's Declaratory Rulings to 1250's Requests Violate the Law, Were Clearly Erroneous,Arbitrary or Capricious, and/or Constitute an Abuse of Discretion (PL-BOA-2024-000105) 1250 petitioned the Director to provide declaratory rulings for twenty-four(24)requests under five (5) separate topic headings (Dedication Requirements, Construction Standards, Variances Under Chapter 23, Variance Applications, Dedication of Haleki`i Extension). 1250 alleges that several of the rulings of the Director are in error. However, as demonstrated below, the Director's Declaratory Rulings to 1250's requests do not violate the law, are not clearly erroneous, and do not constitute an abuse of discretion. 8