COM 0669.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 The applicant requests amendments to Conditions C, H and I of Ordinance No. 99 116, which amended Ordinance No. 96 159, which rezoned approximately 7.402 acres from the Single -Family Residential — 10,000 square feet (RS -10) district to the Neighborhood Commercial — 7,500 square feet (CN -7.5) district. The property consists of five parcels situated southeast of the Kanoelehua Avenue - Kahaopea Street intersection. According to the Traffic Impact Analysis Report (TIAR) that was submitted with the application, current plans are to develop the property with approximately 38,000 square feet of general retail space, a gas station with six fuel pumps and convenience store, and an approximately 4,000 square foot fast-food restaurant with drive-through. The current plan allows for five building sites with related parking for each building site. Access to the property will be via an ingress only access from Kanoelehua Avenue and a new ingress/egress access from Kahaopea Street. Due to the topography and intermittent flow of water that runs across the makai portion of the property, the property will be filled to level the buildable areas. CONDITION C The applicant is requesting a 5 -year time extension to comply with Condition C, which required that Final Subdivision Approval for consolidation and re -subdivision of the subject property be secured within five years from the effective date of the ordinance, or by October 22, 2004. In 2005, the Planning Director granted a five-year administrative time extension to October 22, 2009 to comply with Condition C. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant and are not the result of their fault or negligence. According to the applicant, the time extension to comply with Condition C is being requested because the applicant "needs additional time to obtain final approval of the entry from Kanoelehua Avenue. The plans have been under discussion with the State Department for Transportation (DOT) for several years. The layout on the Site Plan appears to be acceptable in concept to the DOT, but final construction plans need to be submitted for review and approval".