COM 0911.000 2014-2016 - Laserfiche WebLink

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C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for approving the rezoning of this site were articulated in the Planning Commission's approval of the Change of Zone Ordinance. Such reasons included and continue to include the following: • Conformity to the County General Plan LUPAG Map and polices; • Minimal resource impacts such as floral,faunal and agriculture; • No significant development constraints such as floodwater or archaeological or cultural • Availability of infrastructure It is thus maintained that the reasons to support the existing rezoning also apply to the requested time extension. CONDITION J Condition J of the Change of Zone Ordinance requires that drainage improvements be constructed prior to receipt of final subdivision approval. Applicant respectfully asks that this condition be modified to accommodate use of a surety bond to ensure completion of said improvements. Bonding of such improvements is a routine process similar to the bonding of other subdivision improvements. Applicant will begin construction of project's drainage improvements within six-months of receipt of grading permit from County of Hawaii Department of Public Works—Building Division. CONDITION V Condition V of the Change of Zone Ordinance requires applicant to pay their fair share contribution prior to final subdivision approval. Applicant respectfully asks to defer payment of their fair share contribution until each of the 58 single-family residential units are constructed and sold. Applicant seeks to modify Condition V to allow for payment to be made via escrow upon the closing of each of the 58 single-family residential units. Applicant offers suggested language as below: The applicant may defer the payment of the fair share contribution by executing irrevocable escrow instructions, in form reasonably approved by the Planning Director, requiring the payment of the fair share contribution attributable to each single family residential unit, in the amount determined,on the closing of the sale of each single family residential unit to a third party purchaser. Said escrow instructions shall be approved by the Planning Director and executed by the applicant prior to final subdivision approval of any portion of the subject property or within five(5)years from the effective date of this change of zone ordinance,whichever occurs first. The fair share contribution may be adjusted annually beginning upon the effective date of final subdivision approval, based on the percentage change in the Honolulu Consumer Price Index(IICPI). 5