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Aaron S.Y. Chung, Council Chair <br />and Members of the County Council <br />Page 2 <br />requests to consolidate these ordinances into one ordinance for ease of implementation of the <br />conditions of approval. The applicant also requests: 1) to amend Condition C of Ordinance <br />No. 09-049 and Condition C or Ordinance No. 09-050 to allow a 5 -year time extension to <br />complete construction of the project, 2) a new condition be included to allow for an <br />administrative time extension; 3) to amend Condition D of Ordinance No. 09-049 and <br />Condition D of Ordinance No. 09-050 to delay dedication of the future road widening strip <br />to prior to receiving a Certificate of Occupancy; and 4) to amend Condition N of Ordinance <br />No. 09-049 and Condition N of Ordinance No. 09-050 to change the due date of the fair <br />share contribution to be due and payable prior to Final Plan Approval rather than by a set <br />period of time. As a result of the consolidation of the prior parcels into the current parcel <br />(TMK: 7-5-010:013), Ordinance No. 09-049 (formerly Ordinance No. 92-36) and Ordinance <br />No. 09-050 (formerly Ordinance No. 86-49) are considered a consolidated project with <br />similar time -related conditions. The applicant acquired the subject property in 2011 and is <br />now proposing to develop a 104 -unit senior independent living community. <br />Granting of the amendments would not be contrary to the original reasons for <br />granting the rezone. The reasons for granting the original rezone has not changed, <br />although the development plan has changed from a conventional multi -family residential <br />development to a multi -family residential development focused on independent senior <br />living. The applicant is simply seeking additional time to complete the development, to <br />change the timing of when the future road widening strip lot will be dedicated to the County, <br />and to change the timing of when the fair share payment will be made. The global economic <br />downturn began in 2008, just before the last time extension was granted in 2009 to the <br />former landowner. Since then the applicant has been exploring alternative uses of the <br />property such as the proposed independent senior living units, exploring sources of <br />construction financing and securing appropriate land use entitlements. The Director supports <br />the applicant's request to add a condition offering an administrative time extension since it is <br />possible it may take more than five years to secure and finalize permits, construction plans, <br />and complete construction of the proposed development. <br />Granting of the amendments would not be contrary to the General Plan, Kona <br />Community Development Plan, or the Zoning Code. There have been no significant <br />changes in the General Plan, Kona CDP or Zoning Code since the last time extension to <br />complete construction was granted in 2009. <br />The proposed 104 -unit multiple family residential development on the 6.467 -acre <br />property is consistent with the current LUPAG designation of Medium Density Urban, <br />which allows for residential density of up to 35 units per acre. The General Plan identifies <br />Hualalai Road as a collector street that requires a minimum right-of-way width of at least 60 <br />