REP PC 007 02/01/2005 2004-2006 - Laserfiche WebLink

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Communication 821 Bill 356 Page 2 8. The applicant shall comply with all applicable laws, rules and regulations and requirements of affected agencies for the development of the industrial zoned area. 9. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances; A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the general plan or zoning code. C. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or a more appropriate designation. Communication No. 821 reports [he Hawaii County Planning Commission, as required by the Hawaii County Charter, Chapter 4, Section 6-4.3(C), considered the above request and accompanying Bill No. 356 on October I5, 2004. The Commission concurred with the Planning Director's favorable recommendation on this matter. Communication No. 821, in synopsis, reports the Planning Director's findings and recommendations as the following: I . The applicant is the owner of the property. The applicant is requesting a change of zone for approximately 12.640 acres. 2. The subject property is located in the area of the former Pepeekeo Mill complex and surrounding former sugar cane lands at Pepeekeo, South Hilo, Hawaii. 3. The applicant is also requesting a concurrent state land use boundary amendment (Bill 355) from the agricultural district to the urban district. 4. The applicant is requesting the state land use boundary amendment and the change of zone so that they could create a residential subdivision of eleven lots, which is a substantial decrease in density from the possible density allowed under current zoning. The rezoning would also result in a new 3.344-acre ML zoned area where Hilo Coast Processing formerly had a warehouse and baseyard. 5. The subject property is located on lands near Pepeekeo Point and once contained structures associated with the Pepeekeo Sugar Mill and the Pepeekeo Mill Camp. These structures were torn down, mainly during the 1970'x. 6. The Planning Director's favorable recommendation for the state land use boundary amendment application is based on the following: ? The applicant is requesting a change of zone for approximately 12.640 acres: 1. TMK: 2-8-7: Por. 1, approximately 1.462 acres, from limited industrial (ML-20) to single-family residential (RS-20). This area includes portions of bulk lot 83, 70 and roadway lot 93.