COM 0669.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 Conditions C and I require that the applicant install and dedicate curb, gutter and sidewalk improvements within a future 10 -foot wide road widening strip along Kahaopea Street fronting the property. Typically, these improvements are completed and dedicated to the County prior to allowing the subdivision and sale of a lot for commercial purposes. The Planning Director does not support the applicant's request to delay the installation of roadway and drainage improvements required in Conditions H and I until receipt of a Certificate of Occupancy. Should these conditions be amended as requested by the applicant, Final Subdivision Approval for a consolidation and re -subdivision could be issued and the applicant could subsequently lease or sell the commercially -zoned lots to multiple landowners, having different development schedules, before installing any required drainage or roadway improvements. This would likely cause the improvements to be completed on a piecemeal basis rather than in a coordinated manner by the current applicant. Additionally, rather than sharing the cost of installing any required roadway and drainage improvements, the burden to install these improvements would fall solely on the landowner that first develops their property. A comprehensive approach should be taken in designing and installing the infrastructure improvements necessary for commercial zoning as required in Conditions H and I. This can best be accomplished by continuing to require installation of these improvements prior to Final Subdivision Approval for the entire 7.402 -acre property, rather than potentially by multiple landowners after the property has been subdivided. For these reasons, the Planning Director has determined that the request to amend Conditions H and I would not be consistent with the General Plan. It should also be noted that Condition G of Ordinance No. 99 116 requires that the applicant obtain a LOMR prior to Final Subdivision Approval or Final Plan Approval, whichever occurs first. Since subdivision approval typically occurs prior to plan approval it is likely that a LOMR will need to be obtained prior to subdivision approval. Thus, although not recommended by the Planning Director, Condition G will also need to be amended should Condition H be amended as requested by the applicant. Based upon the above findings, the Planning Director recommends that a favorable recommendation be forwarded to the County Council to amend Condition C and an unfavorable recommendation be forwarded to amend Conditions H and I. The Director also recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. For your favorable consideration, an amendment to Ordinance No. 99-116 is transmitted.