COM 0524.000 2014-2016 - Laserfiche WebLink

Home

Dru Kanuha, Council Chair and Members of the County Council Page 2 This condition required that construction be completed by January 26, 1997. In 1996, the Planning Director issued an administrative time extension until January 26, 2000 to complete construction. The applicants are requesting a 5-year time extension from the date of approval of this proposed amendment to complete construction of a medical office building or other commercial development. They have been unable to proceed with construction of the project due to unforeseen personal health issues and the recent recession. However, they are committed to completing construction of an office building to accommodate a dental laboratory and financial services office for the applicants, businesses that they currently conduct in other locations in Hilo, and other commercial opportunities. 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 or their fault or negligence. Conditions of the change of zone ordinance required that the applicants secure water commitments from the Department of Water Supply(DWS) and secure Final Plan Approval for the proposed commercial development from the Planning Director. It does not appear that water commitments have been secured to date, however in their memo dated July 31, 2015 the DWS indicated that County water is still available for the proposed development. Additionally, in 1995 the applicants secured Final Plan Approval for an approximately 13,000-square foot office building and related improvements. In 2006, the existing dwelling was demolished in anticipation of developing the property. The applicants have been unable to complete development of the property due to unforeseen personal health issues that affected their ability to market the property and the recent recession which limited their ability to secure financing. However, the applicants remain committed to completing the commercial development as evidenced by their continued ownership of the property for over 20 years. Thus, the applicants have been working towards compliance with the conditions of the change of zone and non-performance is the result of conditions that could not have been foreseen and were beyond the control of the applicant. Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. There have not been any significant changes to the General Plan for this area since the rezone was approved in 1994. At that time the General Plan LUPAG Map designation for the