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HomeMy WebLinkAboutREP PC 115 10/18/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: October 18, 2006 Re: Comm. No. 1046Bi11 No. 333 PLACE: Ben Franklin Building, 2"" Floor TIME: 9:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 333, reports as follows: Bill No. 333, transmitted via Communication No. 1046 from Mayor Harry Kim, dated August 24, 2006, presents an Amendment of Change of Zone Ordinance No. 98-98 request by Seawind Holding, Inc. which rezoned 21,050 square feet of land at Waiakea, South Hilo, Hawaii. Bill No. 333 is an Ordinance amending Ordinance No. 98-98, which reclassified lands from Single Family Residential - 10,000 squaze feet (RS-10) to Industrial Commercial Mixed - 20,000 squaze feet (MCX-20) at Waiakea, South Hilo, Hawaii, covered by Tax Map Key 2-2-037:029. Communication No. 1046 reports that the Hawaii County Planning Commission, as required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on August 4, 2006. The Planning Commission concurred with the Planning Director's reasons for favorable consideration of the amendment request. Communication No. 1046 transmits the following findings and recommendations: 1. The subject property is owned by George Norio Murata and Masuko Murata, as Trustees of their respective Revocable Trusts. The applicant, Seawind Holding, Inc., is the Lessee/Tenant under an Indenture of Lease dated March 9, 1999 for a term of approximately 67 years. The property is located along the west side of Kaneolehua Avenue, approximately 190 feet from the Kanoelehua Avenue - Lanikaula Street intersection at Waiakea, South Hilo, Hawaii. 2. Effective September 25, 1998, Change of Zone Ordinance No. 98-98 changed the district classification of the properly from Single Family Residential (RS-10) to Industrial-Commercial Mixed (MCX-20) which is 21,050 squaze feet in size. Applicant originally rezoned the property to construct a 7,968-square foot building with 20 paved pazking stalls and lease the building for a convenience store, restaurant and/or retail outlets. 3. Construction of the proposed development should have been completed on or before September 25, 2003. Since the Change of Zone approval applicant had a difficult time securing a viable tenant to occupy the properly and has not met the time conditions set forth in the Ordinance. However, recently, applicant has received many offers for the development and feels with the change in economy, he would like to proceed with the development. 4. Applicant's request is to amend Condition B (water commitment payment) to reflect that payment shall be submitted to the Department of Water Supply within ninety (90) days from the effective date of this "amendment" and not the effective date of Ordinance No. 98-98. PC REPORT NO. 115 Communication 1046 Bill No. 333 Page 2 of 2 5. Applicant also requests to amend Condition C (completion of construction) to reflect that construction of the proposed development and related improvements shall be completed within five (5) yeazs from the effective date of this "amendment" and not the effective date of Ordinance No. 98-98. 6. Condition "L" of Ordinance No. 98-98 (initial extension of time) is deleted in its entirety and now provides that should applicant require an additional extension of time, that the Planning Department shall submit the request to the County Council for appropriate action. 7. The Planning Director's favorable recommendation of this amendment request is based on the fact that applicant's inability to comply with the requirement of Conditions B and C is the result of conditions that could not have been foreseen or, are beyond the control of the applicant. In addition, the proposed amendment to Conditions B and C of Ordinance No. 98-98 is not contrary to the original reasons for approving the Change of Zone. 8. The current zoning of Industrial-Commercial Mixed (MCX-20) is consistent with the existing General Plan designation in the area and aII essential utilities and services are available to the site. At the October 18, 2006 Committee on Planning meeting, applicant, Mr. Otsuku, appeared and invited all council members to the Veterans facility Open House ceremony on November 10, 2006 at noon. No one appeared to present public testimony at this meeting. Your Committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. Your Committee on Planning is in accord with the purpose and intent of Bill No. 333 and recommends it pass first reading. and AYES NOES A&E EX Respectfully Sllbmltted, ARAICAHI X HIGA X COMMITTEE ON PLANNING HOFFMANN X IIQ+.DA X ISBELL X JACOBSON X K. ANGEL PILA , CHAIIt PILAGO X PC REPORT NO~115 SAFARIIC X ADOPTED: OCI J I CUUO