COM 0063.000 2018-2020 - Laserfiche WebLink

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• 1 Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 This condition required that construction of the proposed commercial development be completed by February 20, 2002. The applicants are requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a 4,000-square foot single-story structure for retail/office use and related improvements, which was the same project proposed originally. Additionally, the applicants are requesting an amendment to Condition B (time to secure water) to read as follows: "The applicants, its successors, or assigns shall provide the maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawai`i, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" shall be submitted to the Department of Water Supply prior to the submittal of plans for Plan Approval review by the Planning Department. Based upon the calculations, if required, the applicants shall install a larger or additional service lateral or meter, and remit the prevailing facilities charge to the Department of Water Supply. The applicants are responsible for maintaining valid water commitments to support the proposed development until such time that required water facilities charges are paid in full." Lastly, the applicants are requesting that the initial administrative time extension condition (current Condition H)be retained as part of the amendment request. The Director is supportive of the proposed amendments to Conditions B & C and pp p p supports the applicants' request to retain the administrative time extension condition since it is possible it may take more than five years to secure and finalize permits, construction plans, and complete construction of the proposed development. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result or their fault or negligence. The applicants have been unable to proceed with construction of the project due to various unforeseen circumstances, including financial difficulties, based on the global economic recession. They are committed to completing the construction of a retail/office building, which will help accommodate the relocation of their current office from Waianuenue Avenue to the new proposed office. The applicants purchased the property from the previous applicants just before the original ordinance was approved and remain committed to completing the commercial development as evidenced by their continued ownership of the property for over 20 years. Thus, the non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicants.