COM 1135.000 2016-2018 - Laserfiche WebLink

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- .. Mr. Michael Yee, Director May 18, 2018 Paget these lots is a road lot. The site is located in the Waiakea area of the City of Hilo. More specifically, it is situated on the east side of Kilauea Avenue, approximately one hundred twenty(120) feet north of the intersection of Kilauea Avenue and Lanikaula Street. The site is sandwiched between a 2-story office building to the north and a single-story office/medical-related building to the south. (Exhibit B) III. PROPOSED DEVELOPMENT The Applicant's original plan was to convert the two (2) dwellings on the property into office use, as depicted on the site plan(Exhibit C). Additional parking would have been provided. Alternatively, it could demolish and construct a new office building on the site. That is still the Applicant's objective. IV. REZONING CONDITIONS As noted earlier, the subject area was initially rezoned(Ordinance No. 06 47) into the CG-10 district on April 12, 2006, subject to a number of conditions. As outlined in the rezoning ordinance (Exhibit D),there were other conditions related to infrastructure improvements, design restrictions, and operational requirements. These were all designed to address the potential of a new commercial building, yet applicable to the conversion of one or both of the dwellings into office use. At any rate, none of these conditions were fulfilled, inasmuch as the project was never implemented. Aside from Condition 2 relatingto the construction time performance and Condition 19 relating to the ability for an administrative extension,the Applicant is not requesting any further amendments. However, it should be noted that some of these conditions, such as Condition 15 relating to fair share, may need to be updated. Further, to address possible traffic impacts from a more intensive commercial use,the Applicant would have no objections to a condition similar to other commercial rezoning. IV. JUSTIFICATION OF REQUEST Condition 19 of the rezoning ordinance (Ordinance No. 06 47) outlined three (3) circumstances under which a whereby the Planning Director could consider a time extension request. These circumstances presumably also apply to an extension to be considered by the County Council, with the recommendations of the Planning Director and Planning Commission. As such, these circumstances and their justification follow. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, its successors or assigns, and that are not the result of their fault or negligence.