COM 0481.000 2016-2018 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council Page 2 Veterans Administration. The applicant has experienced unforeseen design delays and a change of land ownership, thus, the construction of the proposed project was not completed by the administratively granted deadline of July 9, 2013. The current applicant is committed to completing the construction and related improvements for this project. Additionally, the applicant is in the midst of securing a new contractor. 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. On December 28, 2009, Kawili Development, LLC purchased the subject property from the former landowner. In 2010, the applicant secured a Final Plan Approval for a two-story building consisting of five (5) office and five (5) retail spaces. The applicant also obtained a Variance Permit that allowed the structure to be positioned closer to the north property line. In 2012, Building Permit No. B2012-0184H was issued for the subject project. This Building Permit, as well as the related electrical and plumbing permits are still open. The applicant is in the midst of securing a new contractor. The applicant remains committed to completing the commercial development as evidenced by obtaining other related government approvals. Condition D was met when the reciprocal Grants of Easements for Easements "A" and "B" were recorded. Condition J was satisfied when the applicant connected the project to the county sewer line. Thus, the applicant has 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 or Zoning Code for this area since the subject rezone was approved in 2003. At that time the General Plan LUPAG Map designation for the property was the same that it is today, Industrial. This designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. In the immediate area are a mix of residential and industrial land uses. Since 2003, three (3) separate parcels to the east have rezoned from RS-10 to MCX-20. Adjacent parcels to the north are zoned RS-10, each improved with a single-family dwelling. To the northwest, Change of Zone Ordinance 04 27 from residential to limited industrial district was approved for a parcel fronting Hinano Street. Immediately to the west, two parcels retain their original residential zoning. To the south are industrial