COM 0953.000 2020-2022 - Laserfiche WebLink

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Maile David, Council Chair and Members of the County Council County of Hawai`i August 12, 2022 Page 2 As the subject ordinance has infrastructure obligation conditions that the applicant has not met or reasonably fulfilled, the applicant is requesting to amend certain conditions of the ordinance, specifically Condition E and I of Change of Zone Ordinance No. 17 65. These amendments are to the following conditions: • Condition E: (Timing of Fire Flow Improvements) • Condition I: (Timing of Roadway Improvements) The applicant originally proposed to develop a 7,500+/- square-foot beverage processing facility (microbrewery) that would include a 2,000+/- square foot supportive visitor/retail sales/tasting center with a 300 square foot kitchen, as well as required improvements to the access road and parking areas. According to the applicant, they request that the water and road infrastructure improvements be implemented in conjunction with a subdivision and not a certificate of occupancy for a structure. The reason is that the requirement for the industrial or commercial level roadway requirement is specifically triggered or called for in the Subdivision Code and not necessarily triggered when one seeks a building permit for a permitted use. Furthermore, the applicant believes that the water requirement is driven by the industrial zoning and any subdivision based on that zoning designation. Lastly, the applicant states that the requirement or standard, like the road improvement requirement, would not be applicable if a use were permitted with a Special Permit on the subject parcel. Therefore the applicant is requesting similar consideration, i.e. that the road and water infrastricture improvements be deferred to the subdivision and not building permit process. However, it should be noted that the applicant does not have future plans to subdivide the property and the proposed microbrewery or any other industrial land use can be developed on the property without the need to subdivide the property. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original Change of Zone Ordinance No. 17 65 have not changed. The MG-20 zoning remains consistent with the LUPAG designation and goals and policies, and actions of the General Plan. The site is served by appropriate infrastructure such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Granting of the amendments would not be contrary to the General Plan or Zoning Code. Staff notes that since the site was rezoned, there has not been any significant land use regulatory changes in this area. The Puna Community Development