COM 0013.000 2018-2020 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawaii Page 2 In addition to the favorable recommendations articulated below, the Planning Commission requested that the County Council evaluate the public access condition (Condition S) to determine if implementation of the public access plan can be triggered prior to the opening of the golf course to a more publicly beneficial time period. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request and to the County Council to accept the Overall Status Report required by Condition BB of Project District Ordinance 99 42 and to amend Condition B of project District Ordinance 99 42 to grant a twenty(20) year time extension to the Kaupulehu Project District development period. The applicant is requesting a 20-year extension of time to Condition B (Development Period) of Project District Ordinance No. 99 42, which rezoned 1,078.634 acres from Open to Project District. Condition No. B currently states: "This project area shall be called the Kaupulehu Project District. The development period for the Kaupulehu Project District will be 20 years from the effective date of approval of the Project District Ordinance. " 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. As discussed above, the applicants have been diligently developing Lot 4-A and Lot 4-B over the last 19 years. The original applicant anticipated a 20-year development period at the time of application, however, given the complexity of developing such a large project and the 2008 recession, the applicants were unable to meet that deadline. The project has seen consistent growth and investment over the years, including the development of the required infrastructure; spine roads, water supply, sewage treatment, power supply, and grading rading and excavation; all of which will meet the future needs of the community. The majority of Lot 4-B has been completed with the remaining dwelling units to be complete within 2 to 3 years and the applicants estimate that future phases of Lot 4-A development will be complete over the next 20 years, based on current market demand. The Director deems Condition BB satisfied and therefore is recommending the removal of that condition. The applicants will still be compelled to provide the Planning Department with an Annual Progress Report as required in Condition AA. Moreover, the Planning Director is recommending adding the standard time extension condition, which provides guidance on how to request additional time, if needed.