REP PC 093 09/23/2008 2006-2008 - Laserfiche WebLink

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Communication 1444 Bi11364 Page 2 of 3 The Planning Commission concurred with the Planning Director's reasons for recommending a favorable consideration of applicant's extension request and notes the following: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of applicant, its successors and assigns, and that are not the result or their fault or negligence. 2. The previous owner did not construct the commercial project required under Condition B and the new owner, Bishop Museum, is requesting athree-year time extension to construct the visitor education center and parking lot for the Amy Greenwell Ethnobotanical Garden. 3. The new owner, who purchased the property in 2000 was made aware by the Planning Department that the previous owner did not comply with conditions of approval of Change of Zone Ordinance No. 465. Applicant has requested to amend several conditions to come into compliance with Change of Zone Ordinance No. 465. 4. The subject property, currently vacant of structures and uses, is located on the northwest corner of the Mamalahoa Highway - Road E junction. Road E is an unimproved County road lot that runs along the southeast boundary of the subject property. Surrounding land uses include Greenwell Park, Yano Hall, Manago Hotel, other commercial uses, single- family residences, agricultural uses and vacant land. 5. Access to the visitor education center is proposed to be from the Mamalahoa Highway. Applicant is proposing to obtain an easement from the Department of Parks and Recreation over a small corner of Arthur Greenwell Park to gain access from the highway. 6. The Department of Public Works recommends that applicant provide improvements to the road lot running 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. If applicant secures an easement from the Department of Parks and Recreation and shares access with Greenwell Park and Yano Hall, the Department of Public Works recommends that any access through the road lot not compromise future improvement of the road lot to dedicable standards. 7. Approval of the request would not be contrary to the General Plan or the Zoning Code, or the original reasons for granting the Change of Zone. 8. County water is available to the property and applicant will comply with wastewater requirements. All other essential utilities and services are available to the subject property. At the September 23, 2008 Planning Committee meeting, there were no public testifiers. Applicant representative Mr. Peter Van Dyke and consultant Greg Mooers were present at the Kona Council office via videoconference. Mr. Mooers explained that the property was rezoned by a previous owner who had plans to subdivide the property and develop a commercial operation, but later sold the property to the Bishop Museum in the year 2000. Mr. Mooers stated that when the transfer was made to Bishop Museum the intent was to develop a visitor center on the property and the balance of the property would be involved with the existing ethnobotanical garden. Mr. Mooers explained that the two changes to the ordinance were to Condition B which initially required the project to be built within five years but that the time had lapsed prior to the transfer to Bishop Museum. The current request allows Bishop Museum three years to complete construction of the visitor center and PC Report No. 93