PD BACKGROUND REPORT (PL-REZ-2022-021)

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Law Offices of Yeh & Kim Dean Au, Windward Planning Commission Chair March 15, 2022 Page 3 • payment of water commitment deposit to the Department of Water Supply ("DWS") and submittal of anticipated maximum daily water usage calculations prepared by a State licensed, professional engineer prior to issuance of Final Plan Approval (Condition B); • submission of a Master Plan for review and approval by the Director, in conjunction with plans for subdivision review and a Landscaping Plan, per Department Rule 17. Final Plan approval shall also be secured (Condition D); • submission of an updated Traffic Impact Analysis Report (TIAR) for review and approval by DPW and Department of Transportation ("DOT") prior to submittal of plans for subdivision review, if required by the Director (Condition E); • submission of a Solid Waste Management Plan to the Department of Environmental Management ("DEM") for review and approval prior to Final Plan approval (Condition F); • construction of necessary drainage improvements approved by DPW and obtaining a LOMR prior to issuance of Final Subdivision approval or Certificate of Occupancy for any development adjacent to or affected by drainage improvements. This condition may be satisfied by an agreement with the County providing assurance of satisfactory and timely completion of required drainage improvements, secured with a surety bond per HCC, Ch. 23, which shall not be released until FEMA approves a LOMR(Condition G); and • improving and widening the south side of Kahaopea Street prior to securing Final Subdivision approval or issuance of Certificate of Occupancy, approved by DPW (Condition H). Pursuant to Condition"T" of the Ordinance and HCC, Sec. 25-2-44(b), a request for an additional extension of time shall first be submitted to the Director, who shall submit Applicant's request to the County Council for appropriate action. Although the criteria for granting an initial request for a time extension to perform conditions under a change of zone ordinance are not found in the Ordinance itself, nor is such criteria found in any rule or code, per the Department, zoning extension requests are generally analyzed under the following criteria: 1. 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. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year).