2015-03-05 HearingTranscript - Moaniala Holdings LLC REZ 738

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the Applicant would pay the water commitment for the remaining two phases of the development. Currently, the ordinance reads within one hundred and eighty days after the effective date of the amended ordinance. That’s our typical language that we include, and this development cannot proceed without water. And, the Department of Water Supply cannot issue water commitments to them until the Pi‛ihonua-Kūkūau Transmission Line project is completed in order to convey more water to this property. So, they’re requesting to delay payment of water commitment fees until after completion of that transmission line project. Department of Water Supply did comment, and that is in your Recommendation Report. They’re asking that the developer start paying water commitment fees after they’ve executed the contract for the construction of the transmission line project. So, in this case, the Director’s recommending kind of a favorable for this condition, but with a little modification as Department of Water Supply requested. Condition C, the Applicant’s requesting a time extension to secure Final Subdivision Approval for the remaining phases. Currently, the condition reads that they were supposed to have completed Final Subdivision Approval, I believe, by 2005, which has lapsed, so now they’re requesting to push that to, within five years of completion of that transmission line project or ten years from the date of this amended ordinance, whichever occurs first. And then, they’re also requesting to delete the construction bond requirement for the Kupulau Street Extension. Just going back to Condition C, I know that this is a little out of order, but I’m just going to go with the Director’s Recommendation and let you know what that is as I address each condition. So, for Condition C, the Director has been consistent with the request of the Applicant, so that would delete the construction bond and require Final Subdivision Approval within five years of completion of the water system. Condition D, the Applicant’s requesting a variety of amendments regarding construction of Kawailani Street and Kupulau Street. Those are the two extensions that I mentioned. And, the Director for that one, basically the developer has recognized that the cost of constructing a bridge over the drainage easement—let me show you where that is. There’s a drainage easement that runs right along Puainako Street, just, just to the south of Puainako Street through the development. So, the developer had to construct basically two bridges over drainageways in order to do the first phase. One was here at the entrance, and one was located here over this large drainage easement. In order to complete Phase 2, the way the ordinance reads now, the developer is required to extend Kupulau Street, build the street to County dedicable standards through their property from Puainako Street to the southern property boundary which would include building a bridge over that drainage easement. The cost of the bridge is estimated to be quite high, at least, I believe it was two million to three million dollars. So, the Applicant is requesting to amend the condition to build the street except for the bridge over the drainage easement. So, for that, the Director is also agreeing with that request for the reasons stated in the Recommendation basically being that it was thought at the time that the, there would be funding for construction of Kupulau Street back in 2008. That funding has not appeared. The State 3 EXHIBIT A