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HomeMy WebLinkAboutREP PC 274 01/11/1988 1984-1988 411 e REPORT OF THE COMMITTEE ON PLANNING DATE: January 11, 1988 Re: Comm. 1424 PLACE : Councilroom TIME: 1: 30 p.m. • Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 462, regarding a request for time extension to meet the requirements of Condition B of Change of Zone Ordinance No. 85 83 , reports as follows : The purpose of Bill 462 is to amend Section 25-114, Article 3 , Chapter 25 of the Hawaii County Code, relating to the modification of conditions to Ordinance No. 85 83, which reclassified certain land from Single Family Residential (RS-10) to Office Commercial (CO-20) at Waiakea, South Hilo, Hawaii , covered by Tax Map Key 2-2-21 : 7 & 46 . Condition B of Bill 462. requires the applicant to submit plans for the proposed development , to the Planning Department, within one year from the effective date of the zone change. The bill is amended to allow the applicant an additional year from the date of this amendment . The' bill is further amended to include a new Condition G to read as follows : " (G) An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances : a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence; b ) granting of the time extension would not be contrary to the general plan or zoning code; c) granting of the time extension Would not be contrary to the original reasons for the granting of the change of zone; d) the time extension granted shall be for a period not to exceed the period originally granted for performance (i .e . , a condition to be performed within one year may be extended for up to one additional year ) ; and e) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. Further , should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. " PC REPORT NO " 274 ADOPTED : JAN. 1 8198 _—.. . - • I, 4 411 PC- 274 Page 2 January 11 , 1988 The Planning Commission is recommending that time extension be granted because "Although Condition B has lapsed, the petitioner has promptly requested time extensions to submit plans to the Department for plan approval . This request is supported by the probability that the petitioner will remodel the existing structure due to the loss of his present office lease. " Your Committee on Planning is in accord with the intent and purpose of Bill 462 and recommends that it pass first reading. 440, (ABSENT & EXCUSED) TAKASHI DOMINGO, CHAIRMAN SPENCER K. SCHUTTE, VICE CHAIRMAN imskisa *it • • FRANK DE LUZ III, 'M MBER ORRA'', E R. .CHAKU- oUYE, MEMBER S /Lidice, )Z4i 'USSELL S. KOKUBUN, MEMBER MERLE/K. LAI, MEMB R LA/TN