2024-05-28 PL-BOA-2024-000105 1250 Order Exhibits COMBINED_v1

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Variances Under Chapter 23, Questions 3, 4 and 5 cite a specific ordinance and request application to a specific set of facts. a. The Ordinances' Relevant Requirements 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 Haleki`i Extension and Makai Haleki`i Extension and "provide"the Connector Road, and the phasing of the same shall be approved by the County's Department of Public Works ("DPW"). See Ordinance 96-7, at 15-16, attached hereto as Exhibit"B". 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, at 12- 13 (Exhibit"B"). 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". Id., at 14. 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 Haw. Rev. Stat. ch. 264, Condition L shall no longer be applicable. See id. 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 and the Connector Road. See Ordinance 96-8, at 24, attached hereto as Exhibit"C". Ordinance 96- 10