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

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23-95 of the Hawaii County Code be dedicated under Section 23-10 of the Hawaii County Code? PL-BOA-2024-000105, Record on Appeal ("ROA #105") at 391-392. In responding to the above requests, the Director exercised the discretion granted to him under PRPP Rule 3-1(a) and provided the following collective Declaratory Rulings: 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 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 alfa, 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 Halekii Extension, Makai Halekii Extension and the Connector Road. See Ordinance 96- 8, at 24, attached hereto as Exhibit "C". Ordinance 96-8, Condition M, requires all roadway improvements stated in Ordinance 96-8, Condition L, be dedicated to the County. See id, at 26. Taken in their entirety, the Ordinances' roadway and public access requirements expressly require the Mauka Haleki i Extension, Makai Haleki i Extension and Connector Road be dedicated to the County. Council accepted the dedication of the Mauka Halekii Extension on November 9, 2012. See Resolution 317-12. Council's acceptance of the Mauka Halekii Extension under Resolution 317-12 was a legislative act which received input from DPW. The Director neither had nor has authority over Resolution 317-12. To the extent the Mauka Halekii 10