COM 0013.000 2018-2020 - Laserfiche WebLink

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was April 10, 1999, thus the twenty(20) year development timeline culminates on April 10, 2019. 2. Reasons for the Request: According to the applicants, the 20-year development period for the Kaupulehu Project District comes from a representation made in the Project District Application in 1998 that, "Full buildouts of the project is expected over 20 years..." The applicants believe that the inclusion of the 20-year development period condition was likely only intended to allow the Planning Department, Planning Commission and County Council an opportunity to review the overall progress of the development of the project after 20 years as required by Condition BB of Project District Ordinance No. 99 42, which reads: "Twenty (20)years from the effective date of the Kaupulehu Project District Ordinance, the applicant shall submit an overall status report of the project, including the percentage of completed development. The Planning Director shall also provide an assessment of the.development of the Project District and its compliance with conditions of approval for transmittal to the Planning Commission for their review and recommendation and then forwarded to the County Council for their review and action. " The applicants believe that if the Planning Department, the Planning Commission and County Council, intended for the applicants to apply for a formal time extension of the 20-year development period, Condition BB of Project District Ordinance No. 99 42, would not have been included as a condition of approval. Rather, the ordinance would have specifically required the processing of a formal time extension request before the Planning Commission and County Council, instead of requiring the submittal of an overall progress report for review and consideration. Furthermore, the applicants note that Project District Ordinance No. 99 42 lacks the standard condition of approval generally afforded to all new Change of Zone/Project District Ordinances, which provides an applicant a one-time opportunity to apply for an administrative time extension by the Planning Director, in the event that non-performance with the stated conditions of approval was the result of conditions that could have not been foreseen, or were beyond the control of the applicant, and was not the result of the applicant's fault or negligence. The applicants believe that this condition was omitted inadvertently, citing -2-