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at a rate of approximately$4-5 million each year. The Palamanui Business Park is <br /> anticipated to accommodate approximately 75-95 businesses. Parking will be provided on <br /> the individual lots as required by the Zoning Code. Palamanui, the master developer, will <br /> provide subdivision improvements including curb, gutter, sidewalks, and on-street <br /> parking. <br /> The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicants, successors or assigns, and that <br /> are not the result or their fault or negligence. Since August 2013, the applicant has <br /> been consistently meeting with the Planning Department through its Kona CDP Design <br /> Center and has spent considerable time and money to create an updated Master Plan or <br /> "Regulating Plan", which in 2019 was determined by the Design Center to be consistent <br /> with the Kona CDP. According to the applicant's "Regulating Plan" submitted with a <br /> concurrent request to amend Project district Ordinance No. 09 132, development of the <br /> Business Park will occur during Phase III-IV. <br /> Because development of the Business Park is not anticipated to begin until Phase <br /> III of the overall Palamanui Development, the Planning Director recommends providing a <br /> ten(10)-year time extension to secure final subdivision approval rather than the standard <br /> five years requested by the applicant. Additionally, to ensure connectivity between the <br /> University Village and Business Park, the Planning Director recommends University <br /> Drive between Queen Ka`ahumanu Highway and Ane Keohokalole Highway and the <br /> University Drive-Queen Ka`ahumanu Highway intersection be completed prior to final <br /> subdivision approval. <br /> Since the MCX zoning was approved in 2009, the applicant has taken several <br /> steps in developing the property in accordance with the terms or conditions of approval, <br /> including providing road, water and electrical infrastructure, preparing a water master <br /> plan, rough grading University Drive, which provides access to the rezone area, and <br /> implementing the Integrated Natural Cultural Resource Management Plan to preserve <br /> natural and cultural resources on the property. Thus, the non-performance is the result of <br /> conditions that could not have been foreseen and were beyond the control of the <br /> applicant. <br /> -2- <br />