COM 0717.000 2012-2014 - Laserfiche WebLink

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Mr. Duane Kanuha, Director November 25, 2013 Page 5 180 days for the water commitment and 5 years for completion of the project, from the effective date of the amendment of this requested ordinance. Additionally, there may be non-substantive amendments that the Director may wish to initiate such as changing the approval agency from the Department of Public Works to the Department of Environmental Management for Condition F. The Applicant would have no objections to any editorial type of amendments. IV. JUSTIFICATION OF REQUESTS Condition L of the original rezoning ordinance (Ord.No. 98 98) outlined three (3) criteria whereby a time extension may be considered_ These criteria and their justification for both extension requests follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Waterfall Entertainment, Inc. acquired the leasehold interest in the property in 2009, subsequent to the extended expiration date. The Applicant had a preliminary revised plan prepared and is nearing completion of a financial package to be able to commence and complete the project. It also has been actively negotiating with potential tenants. Understandably, the global recession has and continues to affect prospective developments. In spite of that,the Applicant has the required financing and wishes to proceed with the project as soon as the required extensions are granted. B. Granting of the time extension would not be contrary to the General Plan or Zoning Code. It should be noted that since the site was rezoned, there has not been any significant land use regulatory change in this area. The Hilo Community Development Plan has not been updated, and thus, the only relevant planning policy document still rests with the County General Plan. The proposed request is not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG)Map that defines the subject property and its immediately surrounding area for Industrial uses. The most recent revisions to the General Plan(February 2005) did not make any changes affecting the subject site. The current designation on the LUPAG map is the same as when the subject property was initially zoned MCX-20.