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HomeMy WebLinkAboutPD Recommendation Report CU Hawaii Federal Credit Union (PL-REZ-2025-000090) -1- RCUHawaiiFCUREZAmend.11.17.2025 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION CU HAWAIʻI FEDERAL CREDIT UNION (FORMERLY S. RUSSELL & AKIKO ODA) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-44 (PL-REZ-2025-000090/AMEND REZ 2008-000088)__________________________________ Upon careful review of the request to amend Change of Zone Ordinance No. 09-44, the Planning Director is recommending that a favorable recommendation to amend Condition C, amend Condition D and to delete Condition E be forwarded to the Hawaiʻi County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This recommendation is based on the following findings: The applicant, CU Hawaiʻi Federal Credit Union, has submitted an application for a 10-year time extension to Condition C (complete project) from the effective date of this amendment, to amend Condition D (dedication of road widening) to remove the inclusion of roadway improvements and to delete Condition E (roadway improvements) to remove the requirement to construct curb, gutter and sidewalk improvements along Manono Street of Change of Zone Ordinance No. 09-44, which rezoned a 22,500-square foot parcel of land from Single-Family Residential (RS-10) to Neighborhood Commercial-10,000 square feet (CN-10). The applicant acquired the property in March 2025, well after the April 23, 2014, deadline to complete the project which, as proposed by the previous landowner, would have converted a single-family dwelling on the property into an office building. The current applicant has since demolished the dwelling with the objective of constructing a new, member-facing credit union branch facility on the subject property in conjunction with establishing a 41-stall parking lot on the adjacent property (TMK 2-2-034:045) for member and employee parking. The existing branch facility at 476 Hīnano Street will be maintained and utilized for administrative, back-office operations. According to the applicant, the requested 10-year time extension to complete construction (Condition C) is needed to carefully plan and customize the new building at their own pace, ensuring it is tailored to the needs of their members and the community, and to manage the building process effectively. As a non-profit, they also require flexibility -2- to manage the financial aspects of the project, such as securing optimal financing and construction contracts, given internal priorities like a core system conversion and other potential contingencies. Regarding the request to amend Condition D and delete Condition E, the applicant requests to remove the requirement of curb, gutter and sidewalk improvements on the property’s frontage at Manono Street and to dedicate a road widening strip without such improvements. Instead, the applicant has offered to pay a pro-rata share of the cost of shoulder improvements to the county, to be allocated in conjunction with a comprehensive improvement of Manono Street. 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. The previous applicant was unable to complete the conditions for the change of zone in a timely manner. Since the current applicant acquired the property in March 2025, they have demolished the existing dwelling on the subject property. In order to allow adequate time to complete the conditions of approval, the Director supports the requested 10-year time extension to Condition C, in addition to adding updated standard language regarding tolling for government agency review. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 09-44 have not changed. The current applicant intends to develop the property with a commercial enterprise consistent with the CN-10 zoning district and the Planning Director recommends approval of the request to provide a 10-year time extension to Condition C. Conditions D and E were included in Ordinance No. 09-44 upon the recommendation of the Department of Public Works (DPW), requiring the applicant to construct curb, gutter and sidewalk improvements located within a 5-foot-wide future road widening lot along the property’s Manono Street frontage. The applicant’s request to amend Condition D and to delete Condition E, thereby removing the applicant’s responsibility to construct roadway improvements, is based on their contention that the surrounding area along Manono Street is not currently improved with similar -3- improvements, that they will be non-functional as a sidewalk and potentially create a tripping hazard. DPW initially recommend that the requests to relieve the requirement of roadway improvements be denied given that multiple properties in the area have either already constructed or are in the process of constructing curb, gutter, and sidewalk improvements consistent with their commercial zoning, and that they are a reasonable requirement for the proposed commercial use. However, based on subsequent communication, DPW is open to the applicant’s proposal of paying a pro-rata share of the roadway improvements to be constructed by the County as part of their planned, comprehensive Manono Street improvement project. Based on the preceding, the Planning Director recommends including a condition that requires the applicant to provide their pro-rata share for the construction of full improvements to the entire property frontage along Manono Street at such time a program for the installation of curb, gutter and sidewalk improvements along Manono Street is enacted. The applicant commissioned a traffic impact analysis report (TIAR), prepared in June 2025, which found that the project is not expected to add new trips to area traffic, rather that it will reroute some trips from Hīnano Street to the new Manono Street driveway. As such, no new roadway/intersection improvements are necessary. The applicant will be required to meet all on-site parking requirements as part of the Plan Approval process. The Department of Water Supply (DWS) has no objection to the proposed amendment requests as water for the project and fire protection is available via an 8-inch waterline within Manono Street. DWS requests that the applicants submit estimated maximum daily water usage calculations for the proposed use including the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute, including irrigation use. Upon receipt of the water usage calculations, DWS will determine the prevailing facilities charge as well as the appropriate meter-size required. A condition of approval will require the applicant to construct necessary water system improvements as required by DWS. The subject property is serviced by the County’s sewer system with an existing sewer line located within Manono Street, thus a condition of approval will require that -4- wastewater disposal for any new development on the property connect to the County sewer system in compliance with Section 21-5 of Hawaiʻi County Code. All essential utilities and services are available to the project site. Police, Fire and medical services are available nearby in Hilo. Electrical and telephone services are available to the site. Based on the preceding, the proposed request continues to be consistent with the original reasons for granting the change of zone. Granting of the proposed amendments would not be contrary to the General Plan, Community Development Plan or Zoning Code. According to the Zoning Code, the CN district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. The proposed development is consistent with providing services to a residential or working population; thus, the request is consistent with the surrounding land use pattern and the intent of the zoning designation. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture, and open space, and to coordinate these uses with the County’s service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island’s residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals and policies of the General Plan Land Use Element: ▪ Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. -5- ▪ Achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. ▪ Provide for commercial developments that maximize convenience to its users. ▪ Provide commercial developments that complement the overall pattern of transportation and land usage within the island’s regions, communities, and neighborhoods. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document’s goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The subject property is designated Medium Density Urban (mdu) by the LUPAG Map which includes uses such as village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential - up to 35 units per acre). As a neighborhood commercial use, the new credit union branch facility with associated parking will provide services to single-family and multiple-family residents in the surrounding area. The Hilo Community Development Plan (CDP) identifies the area as Multiple- Family Residential-4,000 square feet (RM-4); however, this area is transitioning to more commercial type uses. The amendments to the existing change of zone would allow for the establishment of a commercial use that would be in alignment with the commercial developments in the surrounding area. The request is not contrary to Chapter 205A, Hawaiʻi Revised Statues, relating to Coastal Zone Management. The subject property is located approximately 0.6 miles from the nearest shoreline and is not situated within the SMA. Thus, the property will not be affected by coastal hazards and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaiʻi State Supreme Court’s PASH and “Ka Paʻakai O Ka ʻĀina” decisions, the issue relative to native Hawaiian gathering and fishing rights must -6- be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: As the subject property has been impacted by ground-disturbing activities associated with previous residential development, no formal archaeological reconnaissance survey, oral history of kamaʻāina accounts of the area, historical survey of documentary records, or floral/faunal studies were included in the application. The valued cultural, historical, and natural resources found in the rezoning area: By letter dated December 22, 2008, the Department of Land and Natural Resources – State Historic Preservation Division (SHPD) indicated no objection to the change of zone, citing previous grubbing and grading, with a determination that no historic properties remain on the property that would be affected. There are no known features of cultural importance, there is no known history of traditional practices associated with the property, nor is there any record of designated public access to the shoreline or mountain areas that traverses the property. Additionally, the likelihood of any rare or endangered animal species, habitat or flora on the property is remote given the long developed, urban nature of the property and surrounding area. Possible adverse effect or impairment of valued resources: There is no evidence that any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply -7- with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, the Planning Director recommends a favorable recommendation to amend Condition C, amend Condition D and to delete Condition E of Change of Zone Ordinance No. 09-44 be forwarded to the County Council. The accompanying draft bill to amend Ordinance No. 09-44 is provided for your consideration. Please note the proposed conditions of approval attached to the draft bill, including updates to conditions to reflect current standard condition language. Material to be deleted is bracketed and struck through; new material is underscored. COUNTY OF HAWAI‘I STATE OF HAWAI‘I BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 09-44, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL – 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL – 10,000 SQUARE FEET (CN-10) AT WAIĀKEA HOUSELOTS, WAIĀKEA, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEY NO. 2-2-034:036. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. Section 2 of Ordinance No. 09-44 is amended to read as follows: “SECTION 2. In accordance with Section 25-2-44, Hawai‘i County Code 1983 [(2005 Edition),] (2016 Edition, as amended), the County Council finds the following conditions are: (1)Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2)Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A)Protection of the public from the potentially deleterious effects of the proposed use, or (B)Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS” (Planning Department) - 2 - SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: CCUHawaiiFCUAmendREZ.doc-11/17/25 CU HAWAIʻI FEDERAL CREDIT UNION (FORMERLY S. RUSSELL & AKIKO ODA) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 09-44 (PL-REZ-2025-000090/AMEND REZ 2008-000088) AMENDED CONDITIONS OF APPROVAL __________________________ A. The applicants, successors or assigns (“Applicant”) shall be responsible for complying with all of the stated conditions of approval. B. [If required by the Department of Water Supply, prior to the issuance of a water commitment, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the “Water Commitment Guidelines Policy” to the Department of Water Supply within 180 days from the effective date of this ordinance.]Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the Applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai‘i to the DWS. A water commitment deposit shall be paid to the DWS in accordance with Rule 5 of the Department of Water Supply’s Rules and Regulations. The Applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The Applicant shall construct necessary water system improvements as required by the Department of Water Supply. D. Tax Map Key 2-2-034:036 and Tax Map Key 2-2-034:045 shall be consolidated prior to issuance of Final Plan Approval for any commerical use on the subject property. [C.]E. [Conversion of the existing dwelling to office uses shall be completed within five (5) years from the effective date of this ordinance. Prior to conversion and/or construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code.]Construction of the proposed development, or other development/use as permitted by the zoning district classification, shall be completed within ten (10) years from the -2- effective date of this amended ordinance. The time during which required plans, reports, studies, or relevant permit applications are under review for approvals by government agencies shall not count towards the deadline established in the ordinance. To justify this tolling, the Applicant shall provide evidence of the excluded time period to the planning department for its review and approval, which shall consist of dates obtained from a government agency website, permitting program, or office indicating when the required plans, reports, studies, or permit applications were submitted, approved, denied, or returned by the government agency. F. [The applicant(s) shall provide improvements to the entire frontage of Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Department of Public Works. All roadway improvements to Manono Street shall be completed prior to a Certificate of Occupancy.]Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department’s Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai‘i County Code. [D.]G. [A five-foot future road widening strip along Manono Street shall be delineated on the plans submitted for Plan Approval review. The five-foot wide future road widening section with roadway improvements shall be subdivided and dedicated to the County within five (5) years from the effective date of this ordinance.]A five (5) foot wide future road widening strip along the property’s Manono Street frontage shall be subdivided and dedicated, at no cost to the County, when required by the Department of Public Works (DPW). The Applicant shall provide -3- their pro-rata share for the construction of full improvements to the entire property frontage along Manono Street consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation meeting with the approval of the DPW. This pro- rata share for roadway improvements specified in this condition shall be determined by the DPW and shall become due and payable to the County of Hawaiʻi within six (6) months from the date that formal notice is served upon the Applicant by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along Manono Street. H. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawai‘i County Code. I. All driveway connections and construction within Manono Street shall conform to Chapter 22, County Streets, of the Hawai‘i County Code. [F.]J. [All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy.]All development- generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. Additionally, a drainage study shall be prepared prior to Plan Approval, and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works, Engineering Division, prior to the issuance of a Certificate of Occupancy. K. All uses on the subject property shall be served by the public sewer in accordance with Section 21-5 of the Hawai‘i County Code. [G.]L. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. -4- [H.]M. [If the applicants, successors, or assigns develops residential units on the subject property, the applicants shall make their fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $7,383.36 per multiple family residential unit ($11,506.13 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: 1. $3,642.00 per multiple family residential unit ($5,548.46 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $115.11 per multiple family residential unit ($267.66 per single family residential unit) to the County to support police facilities; 3. $354.08 per multiple family residential unit ($528.66 per single family residential unit) to the County to support fire facilities; 4. $157.81 per multiple family residential unit ($231.45 per single family residential unit) to the County to support solid waste facilities; and 5. $3,114.36 per multiple family residential unit ($4,929.90 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants may contribute land and/or construct improvements/facilities related to parks and recreation, fire, -5- police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council]The Applicant shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads for the additional residential lots and/or units created. The fair share contribution shall become due and payable prior to receipt of Final Subdivision Approval or Final Plan Approval, whichever is applicable, and shall be based on the actual number of additional residential lots or units created. The fair share contribution in the form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of $17,921.82 per single family residential unit and $11,500.24 per multiple family residential unit. The total amount shall be determined with the actual number of residential lots or units according to the calculation and payment provisions set forth in this condition. The fair share contribution shall be allocated as follows: 1. $8,642.22 per single family residential lot/unit and $5,672.74 per multiple family residential lot/unit to the County to support park and recreational improvements and facilities; 2. $416.90 per single family residential lot/unit and $179.29 per multiple family residential lot/unit to the County to support police facilities; 3. $823.43 per single family residential lot/unit and $551.51 per multiple family residential lot/unit to the County to support fire facilities; 4. $360.51 per single family residential lot/unit and $245.81 per multiple family residential lot/unit to the County to support solid waste facilities; and -6- 5. $7,678.76 per single family residential lot/unit and $4,850.89 per multiple family residential lot/unit to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the Applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council pursuant to Section 2-162.1(a) of Hawai‘i County Code. [I.]N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. [J.]O. [To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval.]To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the Applicant shall comply with the requirements of Chapter 11, Article 1, Hawai‘i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development as evidenced by an executed and recorded affordable housing agreement which shall be provided to the Planning Department by the Applicant prior to Final Plan Approval or Final Subdivision Approval. Fair share requirements under Condition M shall be conditionally waived for affordable housing units or lots, if the Applicant executes an affordable housing agreement to provide fifty (50) to one hundred (100) percent of the development as affordable housing units or lots. If the affordable housing units or lots are not produced and sold or rented in accordance with the affordable housing agreement, -7- any fair share requirements under Condition M that were waived will become due and payable. P. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the department of Land and Natural Resources- State Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. [K.]Q. The [applicants]Applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. [L.]R. [An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. 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. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. 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). 5. 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. -8- 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.]An initial extension of time for the performance of conditions within this ordinance may be requested in accordance with Section 25- 2-44, subsections (c) and (d), of the Hawaiʻi County Code. S. If any conditions have not been completed by the deadline, or if a time extension request has not been submitted in accordance with section 25-2-44(c), the Planning Department shall inform the Applicant that the ordinance is null and void without further action by the County. In that event, the zoning designation of the property(s) affected by the ordinance shall automatically revert to its immediate prior zoning designation.