COM 0474.001 2020-2022 - Laserfiche WebLink

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The applicant is requesting a five-year time extension with the opportunity for an additional administrative time extension to Condition B (time to complete construction) and a 180-day time extension to Condition C which is a water commitment condition to Change of Zone Ordinance Number 12 33 which rezoned approximately one acre of land from Single-Family Residential- 10,000 square feet to a Residential-Commercial Mixed Use-20,000 square feet zoning district. After the rezoned was approved in 2012, the applicant planned to relocate its existing dental practice to the subject parcel. Final plan approval was granted, and an existing dwelling was demolished to make room for the project in 2015. Following approval of a 5-year administrative time extension in 2016, the applicant experienced significant setbacks. One of the project's principals (a retired dentist)became ill and wasn't able to personally oversee the financing and development of the project and the project architect unexpectedly passed away at the end of 2019. The other principal on the project did not have time to focus on completing the project, given the demanding schedule of his existing'dental practice. As such, the applicant is seeking additional time to complete either the dental office development or a project that is consistent with the RCX zoning. In terms of the water commitment the applicant and its architect mistakenly believed that since a water calculation use study would be more appropriate when the uses are specifically identified via approved plans, thus it overlooked the water study and commitment requirement. Therefore, the applicant initially requested an additional 180 days within which time to submit the water use calculationsand make the required water commitment deposit. During the amendment process, we received a comment letter from the Department of Water Supply indicating that the existing water service installed at the parcel should be adequate to support the proposed demand for the dental office project. Therefore, a water commitment deposit was not required. Based on this determination, the applicant believes that it renders the requested time extension to Condition C moot and would withdraw the request if the department determined that the condition was fulfilled. While there is sufficient water according to Department of Water Supply for the proposed dental office the applicant or any successor could develop any permitted use in the MCX zoning district. Therefore, the Director is recommending to modify Condition C instead of giving a time extension to require that water calculations and a water commitment should be done, should the applicant develop any use other than the dental office. The subject property again is here outlined in red zoned RCX-20. Other surrounding zoning in the area Single-Family Residential, some Neighborhood Commercial zoning, and some Multiple Family Residential. Again, for reference the subject property is on Kilauea Avenue. The State Land Use Designation for the subject parcel and surrounding area is Urban. The General Plan Land Use Pattern Allocation Guide Map designates the subject parcel and much of the surrounding area as Medium Density Urban as indicated in the mustard color and other surrounding designations are also Urban. High Density in red and Low Density in yellow. Here is an aerial photo of the subject property again we've got West Kawili Street running toward the top of the screen and Kilauea Avenue. The subject property has a single driveway coming off of Kilauea Avenue and is vacant of any structures or uses at this time. 2 EXHIBIT B(DRAFT)