COM 1191.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 2 one-acre lot subdivision. The applicant has yet to comply with Condition C of the ordinance, which required that Final Subdivision Approval be secured within two years from the receipt of Tentative Subdivision Approval. The applicant requests the additional time for compliance due to the County's realignment, acquisition and construction of the Puainako Street Extension through the property, which required the revision of the final plat map to conform to the new road right-of-way. In 2004, meetings between the applicant, State and County officials were held to discuss the condemnation of approximately three acres of the property fronting the drainage easement portion along the new Puainako Street Extension. The applicant agreed to the condemnation, and the Planning Director granted a two-year extension until February 16, 2006 to comply with Condition C. Meetings with County officials took place on a number of occasions, and "the subdivision map has been revised three times in an attempt to resolve the condemnation, but the condemnation was never resolved." In a memo dated February 28, 2008, the Department of Public Works had no comments. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. The construction of the Puainako Street Extension and related drainage easement improvements through the project site required numerous revisions of the final plat map. The County has already completed the construction of Mohouli Street to Ainako Street, and the applicant has worked with the County towards satisfying conditions within the ordinance. Affordable housing issues are being discussed with the Office of Housing and Community Development. The applicant has made a good faith effort in complying with conditions of Ordinance No. 93 36; however, a second set of construction drawings to accommodate the future extensions of Kupulau Road and Kawailani Street as required by Condition D of the ordinance (grading of the roadways) is pending. According to the Department of Water Supply, a water commitment deposit is still pending, and the applicant will be required to pay installation and facilities charges including payment of the entire pro-rata share for the off-site improvements. The Department of Public Works has stated that payments of $175,000 for the design and installation of traffic signals at the Kukuau Street and Komohana Street intersection, as well as $60,000 for the portion of the Mohouli Street extension, are still pending. The applicant will be required to comply with all of the stated conditions of approval.