COM 1077.000 2018-2020 - Laserfiche WebLink

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Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 8 The proposed time extension and amendments do not comply with General Plan Policy 14.3.5.7.2 of the Land Use — Commercial Development section, which states, "Controls to prevent speculative practices on commercially zoned lands may be established" In the case of the subject, CN -zoned parcel, the applicant has gone well beyond the time performance requirements of the existing ordinance, which required completion of the development within five (5) years (by August 5, 2010). The applicant did not apply for an additional five (5) years through an administrative time extension, but if they had been granted such an extension construction of the proposed project should have been complete by August 8, 2015. The applicant waited over four (4) years to attempt to revive their stale ordinance and is only doing so now to either sell the property or secure a development partner for this and the adjacent commercial development. The applicant is now requesting to amend Condition C to require construction to commence within five (5) years to be complete within ten (10) years of the effective date of the amended ordinance. In addition, the applicant is requesting the inclusion of our standard administrative time extension condition, which would effectively double the applicant's construction commencement timeframe to ten (10) years and completion timeframe to twenty (20) years. For both properties, the Planning Department requested that the applicant provide a detailed development timeline and plan for how they intend to complete construction within the extended timeframe requested, including any proposed phasing or trackable benchmarks. In response, the applicant provided the name and website of a potential development partner for the projects but did not provide the detailed documents requested. Although the applicant has developed some engineering plans for drainage and roadways over a decade ago, there has been no recent demonstrated performance of other conditions of approval, such as developing archaeological mitigation plans, finalizing highway access approvals, completing a sewer study and solid waste management plan, flooding/drainage improvements, water system improvements (or paid outstanding water commitments for 142 units), and executing an affordable housing agreement. Based on past these performance deficiencies and a lack of the requested development timeline, the applicant has not demonstrated, to the Director's satisfaction, the ability to develop the property in a timely manner.