COM 1444.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 3 The applicant is proposing to construct asingle-story building, approximately 1,600 squaze feet in size, which will include exhibit space, offices, and restrooms and an approximate l5-space pazking lot with accessible stalls in Phase L In the future if funding is secured, the applicant is proposing to include program space and a possible expansion of the pazking lo[ to approximately 50 spaces. The non-performance is the result of conditions that could no[ have been foreseen or are beyond the control of the applicant, successors or assigns, and that aze not the result or their fault or negligence. The applicant is the new owner of the property, which was purchased in 2000. The applicant was made aware by the Planning Department that the previous owner did not comply with the conditions of approval of the change of zone. This was a result of conditions that the applicant could not have foreseen and were beyond the control of the applicant. The applicant has submitted a request to amend several conditions to come into compliance with the change of zone ordinance. Approval of this request would not be contrary to the General Plan or the Zoning Code, nor the original reasons for the granting of the Change of Zone. There have not been any significant changes to the General Plan for this azea since this request was originally approved that would affect this project and the request is not contrary to the Zoning Code. Although the plans for the project area have changed from the original plans, the request is still consistent with the criteria for granting the change of zone. All utilities and services are available to the site. Access to the visitor education center is proposed to be from Mamalahoa Highway. The applicant is proposing to obtain an easement from the Department of Parks and Recreation over a small corner of Arthur Greenwell Park (TMK: 8-2-13:5) to gain access from the highway. The applicant is also proposing to improve the short easement and a short segment of an unimproved County road to provide access to the visitor center. Visitors will no longer use the current access to the Garden, which is an unpaved road located to the north of the Gazden property from Mamalahoa Highway. The Department of Public Works is recommending that the applicant provide improvements to the road lot that runs along the entire southeast frontage of the property, including intersection improvements with Mamalahoa Highway, 20-foot wide pavement lane and concrete curb, gutter and sidewalk, drainage improvements, and any relocation of utilities. The Planning Director is recommending that this condition be required if the property is used for commercial uses other than the visitor education center or if the visitor education center expands beyond its initial Phase I representation. If the applicant does obtain an easement from the Department of Parks and Recreation for a shared access with Greenwell Park and Yano Hall, the Department of Public Works recommends that