COM 1026.000 2016-2018 - Laserfiche WebLink

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• Valerie T. Poindexter, Council Chair and Members of the County Council Page 3 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. The applicant experienced unforeseen financing issues related to the 2008 economic downturn and health issues that created setbacks to the progress of the project. Since the project was not completed by the administrative time extension deadline of March 10, 2018, the applicant is requesting additional time to complete the proposed conversion of a portion of the existing dwelling on Parcel 25 into office uses. The applicant has made efforts to secure funding for the project and has been working with Engineering Partners and Jackson Drafting to determine if the approximately 900 square-foot portion of the dwelling intended for office conversion can be retrofitted to meet current building code for commercial use or if that portion of the dwelling will need to be demolished and have a new office structure built. In either case, the applicant will have to secure a change of use building permit prior to in order to complete conversion of this space into permanent office use. This will be added as a condition of approval. The applicant is also working with consultants to develop and implement the required studies and plans to satisfy conditions of Change of Zone Ordinance No. 08 20 and complete the project within a timely fashion. Thus, the applicant has been working towards compliance with the conditions of the change of zone ordinance 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. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Medium Density Urban on the LUPAG Map. The commercial zoning is consistent with the urban designation on the LUPAG Map for this area of Hilo.