COM 0028.000 2018-2020 - Laserfiche WebLink

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Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawai`i Page 4 prior to its commencement or establishment upon 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 favorable recommendation; 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 B AND CONDITION F Approval of the request to amend Condition B and Condition F would be contrary to the General Plan or Zoning Code and the original reasons for granting the Change of Zone. The applicant is requesting an amendment to Condition B in order to defer submittal of a water commitment payment for the affordable housing project until financing can be secured by the affordable housing developer, EAH Housing/HKI Kawili LLC. According to a letter from the Department of Water Supply(DWS) dated August 13, 2018, unless a water commitment is officially effected via a water commitment payment, water availability is subject to change without notice depending on the water situation. Thus, if the water commitment payment is deferred as requested, the applicant runs the risk of potable County water not being available for development of the affordable housing project on Parcel 30. The request is also not entirely consistent with the intent of the concurrency requirement in Section 25-2-46(m) of the zoning code, which indicates that a time extension for a change of zoning ordinance shall not be granted unless the DWS has determined that it can meet the water requirements of the project and issue water commitments using its existing system. For these reasons, the Planning Director does not support the applicant's request to defer the water commitment payment beyond 180 days from the effective date of the amended ordinance, which is the standard time period granted to secure water commitments for new rezones. The Director also recommends amending the condition to require the applicant to maintain valid water commitments for the CVC/CBOC project, which will expire May 31, 2020 according to a letter from DWS dated June 9, 2017 (Exhibit 15 of Application). The applicant is requesting to delete Condition F, which required the applicant to design, purchase and install street lights and traffic controls, as may be required by the Department of Public Works (DPW). The applicant requests this condition be deleted because the applicant indicates based on a verbal consultation with DPW, entrance lights and traffic control measures will not be required for the project since streetlights and traffic controls already exist as the Kawili Street-Kapi`olani Street intersection, which is