COM 1077.000 2018-2020 - Laserfiche WebLink

Home

AMENDMENTS TO CONDITIONS B, C, E, F, H, I, V, W, Y, Z, BB ORDINANCE NO. 05 115 PUAA DEVELOPMENT LLC PUAPUA'A 1ST AND 2"d, NORTH KONA, HAWAII - 11 TMK: 7-5-017: 001 I. BACKGROUND On August 5, 2005, Ordinance No. 05 114 became effective resulting in the reclassification of a 14.973 acre area; identified by TMK: 7-5-017: 001 ("subject site") from the State Land Use Agricultural to Urban district. Subsequently and also on the same date, the subject site was rezoned via Ordinance No. 05 115 from Agriculture (A -5a) to Neighborhood Commercial (CN -20). (Exhibit A) The purpose of those actions was to enable the landowner/developer, Puaa Development LLC ("applicant") to develop a neighborhood shopping center. At the same time, the landowner (Suffolk Investment LLC) of an adjoining property consisting of 14.87 acres and identified by TMK: 7-5-017: 019, had proposed to do a 250 -unit affordable rental housing project. Because the infrastructure requirements and the somewhat symbiotic land use relationship between the projects, that project was considered in tandem with the proposed neighborhood shopping center on the subject site. As such, the proposed housing site was reclassified into the State Land Use from the Agriculture to the Urban district (Ordinance No. 05 112) and rezoned from Agriculture (A -5a) to Multiple -Family Residential (RM -2.5) via Ordinance No. 05 113 (Exhibit B), which became effective also on August 5, 2005. The rezoning ordinances for both projects had time performance requirements which were not timely, fulfilled. They also had similar infrastructure related conditions. However, inasmuch as each of these projects is covered by its own separate and distinct ordinance, a separate report and request will be made for each ordinance. In this instance, this request applies only to the site of the proposed neighborhood shopping complex covered by Ordinance No. 05 115. The time performance requirements of Ordinance No. 05 115 related to Condition B (payment of water commitment deposit within 90 days); Condition C (project completion within 5 years); and Condition V (public input within 90 days on- the proposed recipient of a school site). As will be discussed below, although Condition V was complied with, the applicant is requesting its deletion.