REP PC 109 09/19/2006 2004-2006 - Laserfiche WebLink

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Communication 1004 Bill 321 Page 2 of 5 5. On June 11, 1994 an administrative time extension was granted until June 2, 1995 to commence construction. 6. In February 2005 applicant purchased the subject properties and the commercial component of the original project was deleted, applicant instead proposing a 146 multiple-family residential project. 7. On October 12, 1995 Ordinance No. 95-118 became effective, which amended Condition E (Commence Construction) changing it from one year from date of receipt of Final Plan Approval, to five (5) years from receipt of Final Plan Approval. 8. On March 3, 2006 applicant requests for time extension to comply with Condition D (Final Plan Approval) and Condition E (commence construction) of Ordinance No. 95-118 for the development of the property. 9. All essential utilities and services aze available to the site. The Planning Director recommended favorably on this request for an Amendment to Change of Zone Ordinance No. 95-118 based on the following: • The non-performance of Condition D and Condition E is the result of conditions that could not have been foreseen or were beyond the control of applicant and are not the result of applicant's fault or negligence. Final Plan Approval was secured and construction did commence on the original project, but the project was abandoned by the prior owner. • Granting of the time extension would not be contrary to the General Plan or the Zoning Code. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area a Medium Density Urban. The property is zoned Village Commercial (CV -7.5) that allows for multiple family residential uses (1,250 square feet of land area per unit) and the CV zoning is consistent with the General Plan designation for the area. • The proposed amendment to Conditions D and E of Ordinance No. 95-118 is not contrary to the original reasons for approving the Change of Zone and in addition, the Planning Director is recommending revisions to existing conditions to reflect current standard language for conditions of approval and fair share contributions. At the September 19, 2006 Committee on Planning Meeting Committee Vice Chair Pete Hoffmann presided. Public testimony was presented by J. Curtis Tyler of Kailua-Kona who expressed concern that the original Condition F relating to preparation of a detailed azchaeological mitigation plan, was deleted in its entirety. Mr. Tyler also expressed concern that the right-of--way widths were not specific as in previous conditions. Planning Director Yuen presented a brief background stating that two different zoning ordinances were consolidated and that the development timefi-ame was missed and a time extension granted. Mr. Yuen explained that the amended Ordinance eliminates conditions that were satisfied and some infrastructure requirements were built into the current Ordinance. Mr. Yuen noted that a payment was made towards parks and recreation for the project and that the amount was credited against fair share. In addition, he