COM 0159.000 2010-2012 - Laserfiche WebLink

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2. Reasons for the Request: According to the applicant, their inability to complete the proposed commercial development by December 18, 2008 was a result of conditions that could not have been foreseen or were beyond the control of the applicant and not attributable to the applicant's negligence. Since the granting of the change of zone in 1991 and its subsequent amendment in 2003, there has been a change in 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 Holualoa 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 its 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 events on the property, including the Annual Holualoa Village Coffee and Art Stroll, the Music and Light Festival, and the Holualoa Farm Fest and Ukulele Jam. BACKGROUND 3. September 12,1991: Effective date of Ordinance No. 91 -91 which rezoned the subject area from Agricultural (A -1 a) to Village Commercial (CV -1 a). The applicant, then Desmond Twigg- Smith, requested the change of zone and concurrent State Land Use Boundary Amendment from Agricultural to Urban for approximately one acre of land to allow the construction of a restaurant and related facilities. Condition B of Ordinance No. 91 -91 required that Final Plan Approval be secured within one year from the effective date of the change of zone or September 12, 1992, and Condition C required the commencement of construction within one year from the date of receipt of Final Plan Approval and completion (certificate of occupancy) within two years thereafter, but no later than September 12, 1994. -2-