COM 0474.000 2020-2022 - Laserfiche WebLink

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Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, after the requested rezone was approved in 2012, the applicant had planned to relocate its existing dental practice to the subject parcel. In furtherance of this goal, the applicant secured Final Plan Approval for a dental office on May 29, 2015 and an existing dwelling located on the subject parcel was demolished to make room for the project in July 2015. Following approval of a five-year administrative time extension on October 25, 2016, the applicant experienced significant setbacks. According to the applicant, one of the project's principals (a retired dentist) became ill and was unable to personally oversee the financing and development of the project. In addition, the project's architect unexpectedly passed away at the end of 2019. The other principal on the project did not have time to focus on completing the project, given the demanding schedule of his existing dental practice. As such, the applicant is seeking additional time to complete the dental office development or a project that is consistent with the RCX zoning. Furthermore, the applicant and its architect mistakenly believed that since a water calculation use study is more appropriate when the uses are specifically identified via approved plans, it overlooked this requirement. Accordingly, the applicant is requesting an additional 180 days within which time to submit the study and make the required water commitment deposit. Granting of the amendments would not be contrary to the original reasons for granting the change of zone under Ordinance No. 12 33, which have not changed. The site is served or can be served by appropriate infrastructure to support RCX zoning such as water, wastewater, access, and essential utilities. According to the Department of Water Supply (DWS), County water is available to the parcel and the existing service should be adequate to support the proposed demand for the dental office project and the existing 10-inch waterline is capable of providing adequate water flow for fire protection for the requested zoning district. Based on this preceding determination, the applicant believes that the requested time extension to Condition C (water commitment) is now moot and would agree to withdraw the request if the Department determined that the condition was fulfilled. While there may be sufficient water available for the dental office use, the applicant or any successor could develop any use that is permitted in the RCX zoned district. Therefore, the Director is recommending a modified condition requiring the applicant to conduct