2006-11-17_Motion_to_Dismiss_Petition_for_Declaratory_Ruling_re_Herron_Whitehead

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More specifically, Petitioners are requesting the Board to issue a declaratory ruling on the following three issues: 1. "Pursuant to the Hawaii County Charter 13-20(a) and the Uniform Information Practices Act, HRS 92-F 11(b), Petitioners request that the Board of Appeals make a Declaratory Ruling declaring that the Planning Director must allow the public to have access to (to inspect and make copies of)its records regarding the processing of subdivisions, rezoning ordinance conditions, or other development matters, without exclusion of or removal of unprivileged documents from those files. . . ." See Petition at 30. 2. "Petitioners request that the Board of Appeals make a Declaratory Ruling declaring that, in reviewing subdivision applications, the Planning Director must require conformity with relevant specific provisions of the General Plan, and in the case of the Luala`i III subdivision, including insistence upon compliance with the "Connector Road" mandate, that is, Transportation Course of Action 13.2.5.6.2(g). Accordingly, the Planning Director must refrain from any further action on the Luala`i III subdivision, or any other development with the Town Center project, unless and until Parker Ranch agrees complete Phases 1 and 3 of the Connector Road according to the time schedule set forth in the Luala`i III Tentative Plan Approval letter. In the event that Parker Ranch/Kaomalo are unwilling to comply with this General Plan mandate—which simply implements the Connector Road provisions in Rezoning Ordinance 96-117." See Petition at 33. 3. "Petitioners request that the Board of Appeals make a Declaratory Ruling that the Planning Director does not have the authority to waive the "requirements of Rezoning Ordinance 96-117(M)(1)(b), which pursuant to the "adjacent development" timing trigger now requires construction of the Connector Road phases 1 and 3 in conjunction with the Luala`i III subdivision. The Planning Director must not take any further action on any of the Luala`i at Parker Ranch subdivision applications, or on any other proposed Town Center Development, unless and until Parker Ranch/Kaomalo commits to now complete Phases 1 and 3 of the Connector road, and acts in compliance with that obligation. The Planning Directory [sic] must stop accommodating this developer's avoidance of it [sic] Connector Road obligation and immediately require revision of the Luala`i III construction plans to show the infrastructure plans for Phases 1 and 3 of the Connector Road including the associated intersections, and otherwise administer this subdivision, including the requirement of bonding for road improvements, pursuant to the time frame set forth in the Planning Department's March 22, 2005 Luala`i III Tentative Approval letter. In addition, Petitioners request that the Board of Appeals also make a Declaratory Ruling declaring that the Planning Director enforce all other 2