COM 0443.000 2016-2018 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 This condition required that construction be completed by October 10, 2007. In 2013, at the applicant's request, the Planning Director issued an administrative time extension to complete construction by October 10, 2017. The applicant is currently requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a steel-framed building, approximately 9,075 square feet in gross floor area, consisting of warehouse space, an office, a showroom and a mezzanine light storage for the sole tenant, Hawai`i Spring Supply, Inc. The applicant has been unable to proceed with construction of the project due to unforeseen design delays. However, the applicant remains committed to completing the construction and related improvements for this project. 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 that are not the result of their fault or negligence. In December 2015, Rodney Tanaka purchased the subject property from the former landowner, Cynthia Ku'ulei Thomas. Conditions of the Change of Zone Ordinance required that the applicant secure water commitments from the Department of Water Supply(DWS) and complete construction by October 10, 2012. At the applicant's request, the Planning Director granted a 5-year administrative time extension until October 10, 2017 to complete construction. The Department of Water Supply confirmed that the water usage calculations and construction plans for the proposed use was submitted and approved on March 1, 2017 without further water commitments required. In a letter dated May 31, 2017, the Department of Water Supply required the installation of a reduced pressure type backflow prevention assembly within five (5) feet of the water meter on private property and has stated that the relocation and adjustment of their affected water system facilities may be necessary. These will be added as conditions of approval. Additionally, in 2017, the applicant secured a revised Final Plan Approval for the approximately 9,075-square foot warehouse and retail building. The Building Permit Application has been submitted and is currently under review with the DPW Building Division. The applicant remains committed to completing the commercial development as evidenced by obtaining other related government approvals. Condition I of the original Ordinance was completed when DPW approved the drainage study for the proposed warehouse/retail building on June 7, 2016. Thus, the applicant has been working towards compliance with the conditions of the change of zone and non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant.