COM 0911.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 5 the subject property. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Condition V Granting of the amendment to Condition V would be contrary to the original reasons for granting the rezone. Although the request to amend Condition V is not contrary to the General Plan or Zoning Code, it is contrary to the original reasons for granting the rezone since it would defer payment of the fair share fee to when lots/units are sold. The applicant proposes to execute irrevocable escrow instructions prior to Final Subdivision Approval, which require the payment of the fair share contribution at the closing of sale of each single-family residential unit/lot. The Director has consulted with the Department of Finance, which is responsible for tracking payments and Capital Improvements Project (CIP) expenditures from the Fair Share Account. Both the Planning Director and Finance Director do not support the request to amend Condition V for several reasons. First,the request would not be fair and equitable since it defers payment to the close of sale, when other developers currently have to pay at final subdivision. It would also be inconsistent with how the County currently collects fair share payments. Rather than calculating one fair share contribution at Final Subdivision or Plan Approval, Planning staff would have to calculate multiple fair share contributions as each unit/lot sells,potentially over a long period of time if units/lots do not sell quickly. This would require significantly more staff time and resources to complete. It is also possible that if a lot does not sell and the original developer retains ownership, a fair share payment would not be made for that lot. Thus payment of a fair share fee for each lot would not be guaranteed. If approved, the Planning and Finance Departments would have to monitor two systems of fair share payment since there are legacy ordinances under the current payment method. Logistically this would be challenging and may increase the potential for audit issues as it would be difficult to track which lots have or have not sold over decades and calculate any necessary Honolulu Consumer Price Index (HCPI) adjustments to the fair share fee.