COM 0146.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 "C. Construction of the proposed development shall be completed within five (5) years from the effective date of this amendment. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the amended proposed development from the Planning Director in accordance with Section 25- 2-70, Chapter 25 (Zoning Code), Hawaii County Code within two (2) years from the effective date of this amendment. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. The applicant states "the recent global, national and local economic picture has undergone historic changes, which has proved even more significant for the real estate development business. As a result of these events, the project funding sources have decided to temporarily hold-off on firm commitments, thus preventing the applicant from securing the financing necessary to obtain Final Plan Approval and payment of the fair share contributions under Ordinance Nos. 06 137 and 06 138." The applicant anticipates that the financial markets will stabilize in the near term, allowing them to continue with the development of the project. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designates the area as Medium Density Urban. The property is zoned Multiple Family Residential (RM- 2.5) and Village Commercial (CV-7.5), which allows for multiple family residential uses. Both zoning designations are consistent with the existing General Plan designation for this area. All essential utilities and services are available to the site. Compliance with all other conditions of Ordinance Nos. 06 137 and 06 138 are still required. Based on the above findings, the proposed amendment to Condition C of Ordinance Nos. 06 137 and 06 138 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director recommends that existing conditions in the ordinances be revised to reflect the current standard language for conditions of approval. For your favorable consideration, amendments to Ordinance Nos. 96 137 and 96 138 are transmitted.