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HomeMy WebLinkAbout2026-10-01 PD PowerPoint (PL-REZ-2024-000074)AMENDMENT TO REZONE ORDINANCE NO. 10-45 KBXTREME HILO, LLC PL-REZ-2024-000074 LOCATION MAP SUBJECT PROPERTY HILO APPLICANT’S REQUEST ▪THE APPLICANT IS REQUESTING THE FOLLOWING AMENDMENTS TO THE CHANGE OF ZONE ORDINANCE, WHICH REZONED THE PROPERTY FROM A-1A TO CN-20: ▪AMEND CONDITION B (WATER COMMITMENT) TO DELETE 180-DAY TIMEFRAME. ▪AMEND CONDITION E (COMPLETE CONSTRUCTION) TO ALLOW A 10-YEAR TIME EXTENSION FROM EFFECTIVE DATE OF THIS AMENDMENT. ▪DELETE CONDITION G (ACCESS EASEMENT). ▪DELETE CONDITION H (LIMITATIONS TO KOMOHANA STREET ACCESS). ▪DELETE CONDITION J (FULL IMPROVEMENTS TO KOMOHANA STREET). ▪DELETE CONDITION K (STREETLIGHTS & TRAFFIC CONTROL DEVICES). ▪ADD NEW CONDITION TO ALLOW PARTIAL RELIEF FROM EASEMENT ALONG KOMOHANA STREET FOR DRIVEWAY ACCESS. ▪ADD NEW CONDITION TO RECOMMEND THAT DPW REDUCE THE SPEED LIMIT ALONG KOMOHANA STREET FRONTING SUBJECT PROPERTY. APPLICANT’S REASONS FOR REQUEST ▪THE APPLICANT ACQUIRED THE PROPERTY IN MARCH 2017, AFTER THE ORIGINAL DEADLINE OF MAY 20, 2015, TO COMPLETE CONSTRUCTION. ▪THE TIME EXTENSION WILL ALLOW THE APPLICANT TO COMPLETE CONSTRUCTION OF A 36,000-SF FAMILY ENTERTAINMENT CENTER.* ▪THE APPLICANT IS REQUESTING TO AMEND OR DELETE VARIOUS CONDITIONS THAT THEY BELIEVE ARE NO LONGER RELEVANT TO THE CURRENT PROPOSAL OR THAT WOULD IMPEDE THE FEASIBLE COMPLETION OF THE PROJECT. ▪ADDITIONALLY, THE APPLICANT PROPOSES TO ADD TWO NEW CONDITIONS TO ALLOW DRIVEWAY ACCESS AND PROVIDE FOR SAFE VEHICULAR MOVEMENT WITH A REDUCTION OF THE SPEED LIMIT ALONG THE SUBJECT PROPERTY’S KOMOHANA STREET FRONTAGE. * NOTE THAT APPROVAL OF THE REZONE AMENDMENT DOES NOT EQUATE TO FINAL APPROVAL OF THE APPLICANT’S PROJECT PROPOSAL. OTHER USES PERMITTED IN CN ZONING COULD BE PROPOSED. COUNTY ZONING MAP STATE LAND USE BOUNDARY MAP GENERAL PLAN LUPAG MAP AERIAL PHOTO PROPOSED SITE PLAN KOMOHANA STREET LOOKING NORTH KOMOHANA STREET LOOKING SOUTH PONAHAWAI STREET LOOKING EAST PONAHAWAI STREET LOOKING WEST PLANNING DIRECTOR’S RECOMMENDATION A FAVORABLE RECOMMENDATION BE FORWARDED TO THE COUNTY COUNCIL FOR THE APPLICANT’S AMENDMENTS TO CONDITIONS E, G AND H, AND THE PLANNING DIRECTOR’S AMENDMENTS TO TWO NEW CONDITIONS PROPOSED BY THE APPLICANT. AN UNFAVORABLE RECOMMENDATION BE FORWARDED TO THE COUNTY COUNCIL FOR THE APPLICANT’S AMENDMENTS TO CONDITIONS B, J AND K. PLANNING DIRECTOR RECOMMENDATIONS Applicant’s Requested Amendment of Condition B: Condition B: Prior to the issuance of a water commitment by the Department of Water Supply, the applicants 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 building permit. Planning Director’s Recommendation & Reasons: ▪The Director is not supportive of removing the180-day time frame. ▪DWS recommends establishing a water commitment as soon as possible rather than waiting until prior to issuance of a building permit since water availability is subject to change without notice, depending on the water situation. ▪The Director recommends resetting the compliance deadline for the applicant to submit the water commitment deposit within 180 days from the effective date of the amended ordinance in order to meet the concurrency requirements for water in the Zoning Code. PLANNING DIRECTOR RECOMMENDATIONS Applicant’s Request to Delete Condition J Condition J: [Prior to the issuance of a Certificate of Occupancy, the applicants shall provide full improvements to the property’s frontage along Komohana 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 Department of Public Works.] Planning Director’s Recommendation & Reasons: ▪The Director is not supportive of deleting Condition J based on comments from DPW that oppose complete relief from the requirement of completing frontage improvements. ▪DPW notes that the subject property is in proximity to an existing bus route, the DOE Hilo Complex campuses, the University of Hawaii Hilo campus and existing sidewalks on Ponahawai Street. ▪Installation of curb, gutter and sidewalk improvements are necessary for safe pedestrian access to the proposed facility. PLANNING DIRECTOR RECOMMENDATIONS Applicant’s Request to Delete Condition K Condition K: [Streetlights and traffic control devices, as may be required by the Traffic Division, Department of Public Works, shall be installed by the applicants at no cost to the County.] Planning Director’s Recommendation & Reasons: ▪The Director is not supportive of deleting Condition K and notes that the existing condition already defers to DPW Traffic Division to determine what is required regarding streetlights and traffic control devices. ▪DPW Engineering Division and Traffic Division oppose deletion of Condition K. Traffic Division notes that the requirement for installation of roadway lighting along the project area as deemed necessary by DPW is reasonable, particularly due to added pedestrian and bike traffic and for safer ingress and egress to the proposed development.