2016-03-03 Hearing Transcript - Milo Street Ventures SLU 15-045 REZ 15-197

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access to W. H. Shipman’s makai agricultural parcels. Shipman has indicated that they do not have any commercial plans for properties along the road. The Planning Department’s objective in including this roadway condition appears to be intended to result in having a County standard roadway to serve the Industrial zoned parcels on Milo Street. However, it is highly unlikely that this will ever happen because each parcel is not subject to the same conditions. For example, there is no requirement for future road widening for, of Milo Street, of the Milo Street right-of-way for the Christian Liberty parcel, Tax Map Key No. 1-6-3, parcel 17 or the Hawaiian Rainforest Water Company parcel, parcels 1-6-3:18 and 23. Moreover, the improvement requirements for the Hawaiian Rainforest Water Company are triggered prior to the dedication of the roadway indicating that improvements would not be required if the road is not dedicated. Similarly, the condition imposed on Tax Map Key: 1-6-152:23 across the street and to the north of the subject property has a condition which triggers improvements to dedicable standards prior to dedication. It should be noted that the Planning Department’s Recommendation states and I quote, “At this time, there are no plans for the County to request Milo Street to be improved and dedicated to the County as this is a private road.” Without a coordinated effort to plan, design, build, and dedicate the roadway improvements to the County involving all of the affected landowners, there will be an inequitable burden placed on landowners that will be required to make their improvements in advance of the others. In addition, the existing pavement is not situated in the middle of the existing 40-foot road right-of- way. So, the widths of the shoulders and swales will not be consistent. Piecemeal construction of the improvements will result in inefficiencies in addressing drainage and utility issues. Moreover, liability issues will be a concern for both the private owner of the roadway as well as the individual property owners because the improvements will overlap the property line without a clear delineation of ownership and responsibility. For these reasons, the Applicant feels that the limited resource, their limited resources, would be better spent through participation in a roadway improvement and maintenance program as described in Condition H of the proposed conditions and which they are willingly able to participate. Thank you. HEAUKULANI: Thank you, sir. So, just so I’m clear and the record’s clear, you’ve received and reviewed the entire Background Report and Recommendation Reports from the Planning Director? NISHIMURA: That’s correct. HEAUKULANI: And, are you or your clients in agreement with everything except for Condition of Approval G. 5 EXHIBIT A