COM 1148.000 2022-2024 - Laserfiche WebLink

Home

Heather Kimball, Council Chair and Members of the County Council County ofHawai`i October 22, 2024 Page 2 The applicant is requesting a 10-year time extension to Condition C (establishment of a commercial use) and an amendment to Condition H (road improvements) to require completion prior to occupancy rather than within 5 years from the effective date of Change of Zone Ordinance No. 14 54, which rezoned approximately 1.0 acre of land from Agricultural-1 acre (A-1a) to Village Commercial-20,000 square feet (CV-20). The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors, or assigns, and that are not the result of their fault or negligence. The applicant acquired the subject property in 2017 with the intention of constructing a new 10,800- square foot Ace Hardware store with 36 parking stalls, thereby relocating the business from its current location in the Pahoa Marketplace Center. However, design and construction work was halted when the 2018 Kilauea eruption threatened the Puna district, which, in addition to the detrimental economic effects of the Covid-19 pandemic, led the applicant to delay the project. The applicant notes that continued apprehension from lenders and insurance carriers as a result of both events, in addition to the time required to complete design plans and construction, contribute to the request for a 10-year time extension to comply with Condition C. Based on the reasons provided it is determined that the applicant could not have foreseen the conditions which were beyond their control and were not the result of their fault or negligence and therefore, the Planning Director recommends amending Condition C to address the preceding. Granting of the proposed amendments would not be contrary to the General Plan, Community Development Plan or Zoning Code. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The proposed request continues to conform to the LUPAG Map, which designates the property as primarily Medium Density Urban (mdu) and allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential up to 35 units per acre). The time extension request will facilitate establishment of a commercial zoning and use that is consistent with the Medium Density Urban form depicted on the LUPAG Map. Therefore, it is determined that the request is consistent with the LUPAG Map for this area of Puna.