REP PC 039 07/24/2007 2006-2008 - Laserfiche WebLink

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Communication 508 Bill 125 Page 2 of 4 Applicants purchased the subject property in 2003 with intentions of constructing a new building for dental office and/or retail uses that would consist of a 1,624 squaze foot one-story dental office and three (3) 1,008 square foot areas for office/retail uses within an approximately 3,400 squaze foot structure. Upon submitting Plan Approval plans to the Department of Planning applicants were informed the previous applicant had not complied with Condition "C" in completing construction within three years from issuance of Final Plan Approval. Applicants are therefore requesting a 1-year time extension to Condition "B" (secure Final Plan Approval) to allow them time to re-submit plans for plan approval. If the time extension for Condition "B" is approved, applicants can then meet the requirements of Condition "C" and complete construction within three (3) years from the date of issuance of the new Final Plan Approval. The Planning Director recommended favorably on this request based on the following: • The non-performance is the result of conditions that could not have been foreseen or aze beyond the control of the applicant, successors or assigns, and are not the result of their fault or negligence. • Granting of the time extension would not be contrary to the General Plan nor the original reasons for granting the Change of Zone. At the July 24, 2007 Planning Committee meeting, there were no statements presented from the public presented. Committee Chair Pilago outlined a brief chronology of rezoning applications relating to the property beginning with a zone change from RS-10 to CO-20 in 1985 and a zone change in 1993 from CO-20 to CG-20 and noted that applicant's request for an extension is to comply with Conditions of rezoning contained in Ordinance No. 93-101. Applicant Dr. Ramona Sakamoto was present via video conference at the Hilo Council Room and presented a brief update of their request and also noted their compliance with a request of the Department of Public Works to address disposal of dental material. Council Member Ford expressed concerns regarding inadequate parking and the fact that there was no provision relating to pazking included in the ordinance, especially since this is a dental facility potentially capable of generating high volumes of traffic. Ms. Ford acknowledged the area is in fact transitioning from residential into commercial but she was also concerned that if there are inadequate parking stalls at the facility then people will pazk on the street and consume space used by residents of the community. Ms. Ford's final concern was that the request being considered is the result of yet another rezoning allowed to go on indefinitely without follow-up. She stated if the Planning Department imposes a condition that requires an annual report, then the department should have some mechanism to follow-up when reports aze not submitted timely. PC Report No. 39