COM 0337.000 2018-2020 - Laserfiche WebLink

Home

Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 3 parcels. Landscaping shall be provided in accordance with the requirements of Planning Department's Ritle No. 17(Landscaping Requirements), Chapter 25(Zoning Code),Hmvaii County Code. Landscaping shall include rock walls orfences on the northern boundaries, cis agreed upon behveen the applicant and owners of lands adjacent to such northern boundaries, as may be evidenced by an))lvritten agreements in existence cis of the effective date of this rezoning. Applicant's Reasons for Amending Condition C: The five (5)-year deadline required by Condition C of the subject Change of Zone Ordinance would have required the previous developer to complete construction by August 14, 2012.The previous developer was granted a five(5)-year administrative time extension to complete construction by August 14, 2017, however the original project was abandoned and the property was returned the back to the fee owner. Effective September 2, 2015 AutoZone Parts,Inc.entered into a 15-year ground lease with the property owner but realized they would not be able to meet the 2017 construction deadline for their proposed auto parts store project.Therefore,the applicant is requesting a five(5)-year time extension to complete construction of the proposed project. The applicant anticipates that construction of the proposed project will commence shortly after issuance of Final Plan Approval. Planning Director's Recommendation for Amending Condition C: The Planning Director supports this time extension request as it meets the following criteria for granting a time extension: 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 current applicant entered into a lease with the landowner less than two years shy of the required construction deadline articulated under Condition C and subsequent approved administrative time extension.The applicant initially submitted their request for time extension and other amendments on October 18,2017 after consulting with the Planning Department and realizing they would not have enough time to meet the aforementioned construction deadline.Since then,the applicant has been working to address access and traffic issues with DOT and updating their TIAR to determine roadway improvement requirements to allow the project to move forward.