2024-12-03 1250 Oceanside LLC Objection to Proposed FOF, COL, D&O (PL-BOA-2024-000105)

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DPW. 23. In January 2011, the Planning Department approved Variance No. VAR 10-027 (the "Variance"), which covers, inter alia, the Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road. Exhibit 8. The Variance was approved with input from DPW and provided relief from Hawai`i County Code ("HCC") §§ 23-86 (requirements for dedicable streets) and 23-95 (right-of-way improvements). Id. 24. The Mauka Haleki`i Extension was dedicated to the County in 2012 pursuant to Hawai`i County Council Resolution No. 317-12. Exhibit 9. THE PLANNING DIRECTOR'S TESTIMONY 25. At the hearing, Oceanside called Michael Kaleihoku Vitousek, Manager of Land and Development for Oceanside, and Planning Director Zendo Kern to testify. 26. The Planning Director and Intervenor did not call any witnesses to testify at the hearing. 27. The Planning Director testified that under the Declaratory Order, he determined that eight Requests from Oceanside's Petition for Declaratory Ruling were within his jurisdiction under PD Rule 3. See Video of Hearing starting at 1:38:00. 28. As reflected in the Declaratory Order, those eight Requests are as follows: a. Dedication Requirements, Request 1: Whether the express terms of Ordinance No. 96-7 require the dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension, or Connector Road? b. Dedication Requirements, Request 2: Whether the express terms of Ordinance No. 96-8 require the dedication of the Mauka Haleki`i Extension, Makai Haleki`i Extension, or Connector Road by a date certain or any milestone in the development of Hokuli`a? c. Construction Standards, Request 1: Whether the express terms of the Ordinances set specific construction standards to which the Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road must be built to? 14 4897-0598-6819.1.00DBS 1-00001