COM 0903.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 Plan Approval shall be secured from the Planning Director in accordance with Chapter 25 -2 -72, 25 -2 -73, and 25 -4 -7 of the Zoning Code......" This condition required that construction be completed by July 9, 2008. In 2008, a one -year administrative time extension to July 9, 2009 was granted. Since 2008 the applicant secured plan approval and building permits and began construction of the Woodland Center project, which include a Longs Drugs store and KFC and Burger King restaurants. According to the applicant, construction of the Woodland Center is 75% complete and the parking lot has been paved for the project. 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 "Review and approval of plan designs and off -site improvements plans took unusually long to complete and numerous changes and conditions were sought by approving agencies. Due to the time involved in getting necessary approvals and permits, the construction of all improvements could not be completed by July 9, 2009." For example, conditions of the change of zone ordinance required that the applicant construct improvements within the State and County road right -of -ways. On April 6, 2010 the Department of Transportation granted conditional approval to allow the applicant to construct off -site improvements within the State road right -of -ways. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designation has not changed since the property was originally rezoned in 1991. The request continues to be consistent with the Urban Expansion designation which allows for a mix of high density, medium density, low density, industrial, industrial - commercial and /or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. According to the Puna Community Development Plan, which was adopted through ordinance on September 10, 2008, the 4.901 -acre property is situated within a portion of the Pahoa Regional Town Center that is specifically intended for regional uses and services. The proposed uses are consistent with the Puna CDP, as similar restaurants and retail establishments (Longs Drugs, Burger King, KFC) are likewise located in the regional town centers of Hilo and Kea'au.