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<br /> <br /> <br /> <br /> <br /> Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code within two (2) <br /> years from the effective date of this amendment. Plans shall identify all existing <br /> and/or proposed structures, paved driveway access and parking stalls associated <br /> with the proposed development. Landscaping shall also be indicated on the plans <br /> for the purpose of mitigating any adverse noise or visual impacts to adjacent <br /> properties in accordance with the requirements of Planning Department's Rule <br /> No. 17 (Landscaping Requirements)." <br /> <br /> 2. The non-performance is the result of conditions that could not have been foreseen or <br /> are beyond the control of the applicant(s), successors or assigns, and are not the result of <br /> their fault or negligence. The applicant states "the recent global, national and local <br /> economic picture has undergone historic changes, which has proved even more <br /> significant for the real estate development business. As a result of these events, the <br /> project funding sources have decided to temporarily hold-off on firm commitments, thus <br /> preventing the applicant from securing the financing necessary to obtain Final Plan <br /> Approval and payment of the fair share contributions under Ordinance Nos. 06-137 and <br /> 06-138." The applicant anticipates that the financial markets will stabilize in the near <br /> term, allowing them to continue with the development of the project. <br /> <br /> 3. Granting of the time extension would not be contrary to the General Plan or Zoning <br /> Code. The General Plan LUPAG Map designates the area as Medium Density Urban. <br /> The property is zoned Multiple Family Residential (RM- 2.5) and Village Commercial <br /> (CV-7.5), which allows for multiple family residential uses. Both zoning designations <br /> are consistent with the existing General Plan designation for this area. All essential <br /> utilities and services are available to the site. Compliance with all other conditions of <br /> Ordinance No. 06-138 is still required. <br /> <br /> Based on the above findings, the proposed amendment to Condition C of Ordinance Nos. 06-138 <br /> is not contrary to the original reasons for approving the Change of Zone. In addition, the <br /> Planning Director recommends that existing conditions in the ordinances be revised to reflect the <br /> current standard language for conditions of approval. It is recommended that a favorable <br /> recommendation be forwarded to the County Council with the following changes (material to be <br /> deleted is bracketed and struck through; material to be added is underscored): <br /> A. The applicant, successors, or assigns shall be responsible for complying with all <br /> of the stated conditions of approval; <br /> B. The required water commitment payment shall be submitted to the Department of <br /> Water Supply in accordance with its "Water Commitment Guidelines Policy" <br /> within [ninet-y (90 one hundred eighty (180) days from the effective date of this <br /> amendment. <br /> C. Construction of the proposed development shall be completed within five (5) <br /> years from the effective date of this additional amendment. Prior to construction, <br /> the applicant, successors or assigns shall secure Final Plan Approval for the <br /> amended proposed development from the Planning Director in accordance with <br /> Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code [VAthin two (2) <br /> years of the effeetive date of this amendment. Plans still identify all o :a.ti«R <br /> stalls a, <br /> .,proposed ».a.». i ..........°.y vvew and u Yua parn:nuccd <br /> <br /> PC Report 23 <br />