COM 0159.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The inability of the applicant to comply with the requirements of Condition B of Change of Zone Ordinance No. 03 -162 is the result of conditions that could not have been foreseen or are beyond the control of the applicant and not attributable to the applicant's negligence. Since the granting of the original change of zone in 1991 and its subsequent amendment in 2003, there has been a change of the property ownership, significant economic hardships of the last few years coupled with the applicant's focus on securing a Planned Unit Development Permit for the property, needed improvements to H61ualoa Inn, and an evaluation of the commercial area that have all resulted in the applicant's inability to meet the construction deadline. The effects of the economic downturn were beyond the applicant's control and not due to negligence. According to the applicant, "This pause, however, has permitted the applicant to re- examine development of the commercial area and to make positive adjustments for its future use." As such, the applicant has changed the original restaurant concept for this commercial property and is now planning an approximately 3,000 square foot event pavilion able to accommodate approximately 200 people. The applicant has hosted previous events on the property, including the Annual H61ualoa Village Coffee and Art Stroll, the Music and Light Festival, and the H6lualoa Farm Fest and Ukulele Jam. The General Plan Land Use Pattern Allocation Guide (LUPAG) Map designates the area for Medium Density Urban uses. The subject area is zoned CV- la. The County Zoning Code has subsequently been revised since this rezoning was approved. However, compliance with all applicable requirements such as setback, height and landscaping will still be required. The Kona Community Development Plan (KCDP) designates the area to be within a potential Rural Town TOD, Policy LU -3.1, Redevelopment of Rural Towns as TODs /TNDs states that "the rural towns along Mamalahoa Highway (in the South Kona district) consisting of H61ualoa, Honalo, Kainaliu, Kealakekua, and Captain Cook, are encouraged to be redeveloped as TODs /TNDs (Transit Oriented Development/ Traditional Neighborhood Development)." However, the area has not initiated redevelopment efforts. All essential utilities and services are available to the site. The request would not adversely impact the land use pattern in the immediate area. Based on the above findings, the Planning Director recommends that a favorable recommendation to amend Change of Zone Ordinance No. 03 -162 be forwarded to the County Council. Although the applicant requested a three (3) year time extension in order to secure final plan approval and complete construction of the proposed commercial development, the Planning Director believes it is appropriate to allow a five (5) year time extension due to the scope of the proposed revised project and the current economic climate.